Wakilii

Col. (Rtd) Dr. Kizza Besigye and Another v Uganda (Criminal Application No. 814 of 2025)

High Court · [2025] UGHCCRD 67 · 2025 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for stay of criminal proceedings and bail arising from Criminal Session Case No. 335 of 2025
Decision
Applicants remain on remand and must proceed to plea taking

Observed later treatment

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Holding

The High Court dismissed the application for stay of criminal proceedings and bail. The court held that a constitutional petition filed directly does not warrant an automatic stay of proceedings, and that the discretion to stay must be exercised sparingly considering the gravity of the offences. The court directed that the applicants must first take plea before any further applications can be entertained.

Outcome

Applicants remain on remand and must proceed to plea taking

Facts

The applicants were charged with treason and misprision of treason on 21 February 2025 at the Chief Magistrate's Court of Nakawa and remanded to Luzira Government Prison. They were committed to the High Court on 29 May 2025 for trial in Criminal Session Case No. 335 of 2025. The applicants filed Constitutional Petition No. 031 of 2025 challenging various acts affecting their right to a fair hearing. They applied to the High Court seeking a stay of the criminal proceedings pending resolution of the constitutional petition and for release on bail. The applicants had been on remand for nine months and 18 days at the time of the ruling. Plea taking was scheduled for 1 September 2025 but had not occurred due to successive applications filed by the applicants.

Issues

  1. Whether Criminal Session Case No. 335 of 2025 should be stayed pending resolution of Constitutional Petition No. 031 of 2025.
  2. Whether the applicants should be released from remand and granted bail.

Orders

  • Application for stay of proceedings in Criminal Session Case No. 335 of 2025 dismissed.
  • Application for release of the applicants on bail dismissed.
  • Applicants directed to proceed to take plea immediately.

Rules and key headnotes

Criminal Law & Procedure — Stay of Proceedings — Constitutional Petition — Distinction Between Constitutional Reference and Direct Petition
Where a party to criminal proceedings petitions the Constitutional Court directly under Article 137 of the Constitution, there is no automatic stay of the criminal proceedings. The decision to stay proceedings is discretionary and must be exercised judiciously, unlike a constitutional reference from a trial court which requires the court to await the Constitutional Court's decision.
Criminal Law & Procedure — Stay of Proceedings — Exercise of Discretion — Gravity of Offences
The discretion to stay criminal proceedings pending determination of a constitutional petition must be exercised sparingly and carefully with consideration of the gravity and seriousness of the offences charged.
Criminal Law & Procedure — Plea Taking — Priority Over Stay Applications
In the interest of justice, an accused person committed for trial in the High Court should first take plea before applications for stay of proceedings are entertained. A stay of proceedings makes more sense after plea taking when the court knows whether the accused has admitted or denied the charges.

Legislation cited (7)

  • Judicature Act Cap.16 s.37
  • Judicature Act Cap.16 s.17(2)
  • Trial on Indictment Act Cap.25 s.15
  • Trial on Indictment Act Cap.25 s.16
  • Trial on Indictment Act Cap.25 s.61
  • Judicature (Criminal Procedure) (Applications) Rules SI 13-8 r.2
  • Constitution Article 137

Cases cited (5)

  • Charles Onyango Obbo and Andrew Mujuni Mwenda v Attorney General (Supreme Court Constitutional Appeal No. 02 of 2002)
  • Gen David Sejusa V. Uganda
  • James Isabirye v Attorney General and IGG (Miscellaneous Application No. 02 of 2007)
  • Geoffrey Kazinda v Attorney General (Constitutional Petition Application No. 50 of 2012)
  • Omar Awadh Omar and 10 Others v Attorney General (Consolidated Constitutional Petition No. 55 & 56 of 2011)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Col. (Rtd) Dr. Kizza Besigye and Another v Uganda (Criminal Application No. 814 of 2025) [2025] UGHCCRD 67 (29 December 2025)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.