Wakilii

Kaara Kasim V Uganda (Misc. Appl. No. 19 of 1995)

High Court · [1995] UGHC 14 · 1995 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for bail pending trial in criminal matter from High Court
Decision
Applicant released on bail pending trial subject to conditions

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted bail to a 16-year-old applicant charged with defilement under section 123(1) of the Penal Code Act. Special circumstances were established by the applicant's status as a young schoolboy, his medical condition (epilepsy), his need to sit examinations, and the state's non-objection to bail. Bail was granted subject to cash deposit, sureties, and monthly reporting conditions.

Outcome

Applicant released on bail pending trial subject to conditions

Facts

The applicant Kaara Kasim was charged with defilement contrary to section 123(1) of the Penal Code Act. Through his brother Babu Hussein, he applied for bail under section 14A of the Trial on Indictments Act. The application stated that the applicant was a 16-year-old schoolboy who wished to sit for his examinations and that he suffered from epilepsy. The state did not object to the grant of bail.

Issues

  1. Whether special circumstances exist to warrant the grant of bail to a person charged with defilement under section 123(1) of the Penal Code Act.

Orders

  • Application for bail granted.
  • Applicant to deposit cash of 200,000/= with court.
  • Two sureties (Babu Hussein and Matovu) to sign bond of 500,000/= each.
  • Applicant to report to Chief Magistrate's Court at Jinja once monthly starting 8-12-95 for bail extension.
  • Bail automatically terminated if applicant fails to comply with any condition without reasonable explanation.

Rules and key headnotes

Criminal Law & Procedure — Bail — Special Circumstances — Defilement Charges
A person charged with defilement under section 123(1) of the Penal Code Act can only be released on bail upon proving to the satisfaction of the court that special circumstances exist to warrant release on bail.
Criminal Law & Procedure — Bail — Special Circumstances — What Constitutes
Special circumstances warranting bail include grave sickness, the accused being an infant or of advanced age, or the state not objecting to release on bail.
Criminal Law & Procedure — Bail — Grant Where Special Circumstances Established
Where the accused is a young boy of 16 years still at school, suffers from epilepsy, and the state does not object to bail, special circumstances are established justifying the grant of bail notwithstanding a charge of defilement.

Legislation cited (2)

Full judgment

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

Kaara Kasim V Uganda (Misc. Appl. No. 19 of 1995) [1995] UGHC 14 (8 November 1995)
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.