Kaara Kasim v Uganda (Miscellaneous Application 19 of 1995)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
An accused charged with defilement may be released on bail if special circumstances are proven. Special circumstances include grave sickness, the accused being an infant or of advanced age, or the state not objecting to bail. Held that where the accused is a young student suffering from epilepsy and the state does not object, bail should be granted.
Outcome
Accused granted 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. He applied for bail supported by an affidavit from his brother. He claimed to be a 16-year-old student who wished to sit for examinations and stated he suffered from epilepsy. The state did not object to his release on bail.
Issues
- Whether special circumstances existed to warrant the grant of bail to an accused charged with defilement.
Orders
- Application for bail granted.
- Applicant to deposit UGX 200,000 cash with the court.
- Two sureties (Babu Hussein and Matovu) to sign bond of UGX 500,000 each, not cash.
- Applicant to report to Chief Magistrate's Court at Jinja once per month starting 8 December 1995 for extension of bail.
- Bail automatically terminated if applicant fails to comply with conditions without reasonable explanation.
Rules and key headnotes
Legislation cited (2)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.