Wakilii

Kabushenga Jackson alias Soda v Uganda (Criminal Miscellaneous Application No. 100 of 2019)

High Court · [2020] UGHC 10 · 2020 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for bail pending trial in a murder case
Decision
Applicant to remain in custody pending trial

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court denied bail to an applicant charged with murder. Though the Constitution grants a right to apply for bail and the applicant had a fixed place of abode and sureties, the court held that the gravity of the offence and the applicant's conduct after the alleged murder—fleeing the area and only being arrested at a distant location—created a substantial risk of absconding. The court found insufficient safeguards to overcome this risk.

Outcome

Applicant to remain in custody pending trial

Facts

The applicant was charged with murdering Murari Gideon alias Godo on 19 May 2018 at Kyabwemi Cell, Isingiro District. After the alleged murder, the applicant disappeared from the area and was later arrested at Kisaasi College where his mother had sent him to school. He applied for bail, stating he had a fixed place of abode and sound sureties. The State opposed the application. The court heard the application and examined the risk factors associated with releasing the accused person pending trial.

Issues

  1. Whether the applicant should be granted bail pending trial for the offence of murder.

Orders

  • Bail denied.
  • Application dismissed.

Rules and key headnotes

Criminal Law & Procedure — Bail — Discretion to Grant Bail — Murder Charges
Though persons accused of criminal offences have a constitutional right to apply for bail under Articles 23(6)(a) and 28(3) of the Constitution, the power to grant or refuse bail is entirely within the court's discretion, which must be exercised judicially.
Criminal Law & Procedure — Bail — Flight Risk — Conduct After Offence
Where an accused person charged with a serious offence carrying a severe penalty has fled the area after the alleged crime and was arrested in a distant location, such conduct provides reasonable grounds to infer a substantial risk of absconding if granted bail, and may justify refusal of bail where the applicant has not offered safeguards sufficient to eliminate that risk.
Criminal Law & Procedure — Bail — Seriousness of Offence — Incentive to Abscond
A person charged with a serious offence facing a severe penalty if convicted may have a powerful incentive to abscond or interfere with witnesses. Where there are reasonable grounds to infer that the grant of bail may lead to such a result which cannot be effectively eliminated by the imposition of appropriate conditions, these factors afford good grounds for refusing bail.

Legislation cited (4)

Cases cited (1)

  • Hurnam v State of Mauritius [2006] 1 WLR 857

Full judgment

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

Kabushenga Jackson alias Soda v Uganda (Criminal Miscellaneous Application No. 100 of 2019) [2020] UGHC 10 (24 January 2020)
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.