Jemba Steven v Uganda (Misc.Criminal Application No. 78 of 2019)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The applicant, convicted of aggravated robbery and sentenced to 32 years' imprisonment, sought bail pending appeal, relying on delay in hearing his appeal and hardship to his dependants. The Court held that while the right to apply for bail is constitutional, an applicant seeking bail pending appeal after conviction must prove exceptional or unusual circumstances. Hardship to the applicant's children and elderly grandfather caused by his imprisonment did not amount to exceptional circumstances, and no evidence supported the claim that the trial file was missing. The Court declined to exercise its discretion and dismissed the application.

Outcome

Application for bail pending appeal dismissed; applicant remains in custody.

Facts

The applicant was charged with aggravated robbery and tried at the High Court Luweero Circuit. On 24 March 2015 he was convicted and sentenced to 32 years' imprisonment. He filed Criminal Appeal No. 094 of 2015, which remained unheard. He applied for bail pending the hearing of that appeal, contending that the appeal had suffered substantial delay allegedly because the trial court file had disappeared, that he had spent a long period in prison, that he had three sureties and a fixed place of abode, that he had undertaken reformatory courses, and that his imprisonment caused hardship to his thirteen children, three siblings and 92-year-old grandfather. He represented himself and conceded he had higher chances of acquittal. The respondent opposed the application, noting the sureties were not present, no proof of fixed abode was supplied, and there was no evidence the trial file was missing.

Issues

1. Whether the applicant established exceptional or unusual circumstances justifying release on bail pending the hearing of his criminal appeal.

Orders

• Application for bail pending appeal dismissed.

Rules and key headnotes

Legislation cited (8)

• Constitution of Uganda Article 23(6)(a)
• Constitution of Uganda Article 23(3)(d)
• Constitution of Uganda Article 28(3)
• Constitution of Uganda Article 126(2)(b)
• Criminal Procedure Code Act Cap 116 s.40(2)
• Judicature (Court of Appeal Rules) Directions Rule 43(1) and (2)
• Magistrates Courts Act s.205(1)
• Trial on Indictments Act s.15

Cases cited (3)

• Kitaka Robert Nsubuga v Uganda (Criminal Miscellaneous Application No. 69 of 2018)
• Sande Pande Ndimwibo v Uganda (Miscellaneous Application No. 241 of 2014)
• Igamu Joanita v Uganda (Criminal Application No. 0107 of 2013)

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