Kalemeera Henry v Uganda [2026] UGHCCRD 20

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The applicant, charged before the General Court Martial with illegal possession of firearms, applied to the High Court for bail pending trial. At the hearing his counsel informed the court that the matter had been overtaken by events because a substantive bail application had since been lodged before, and was pending determination by, the General Court Martial. Counsel accordingly sought leave to withdraw the application. The respondent did not oppose the prayer. The court, noting that the withdrawal was unopposed, struck out the application by reason of withdrawal without determining the merits of the bail request.

Outcome

Bail application struck out on the applicant's own withdrawal; substantive bail application pending before the General Court Martial

Facts

The applicant was charged before the General Court Martial with illegal possession of firearms contrary to section 4 of the Firearms Act Cap 320 and was remanded at Kigo Main Government Prison. He filed a notice of motion in the High Court (Criminal Division), supported by his affidavit, seeking release on bail pending trial together with costs of the application. When the matter came up for hearing on 18 May 2026, counsel for the applicant informed the court that the application had been overtaken by events: since its filing, the applicant had been charged before the General Court Martial and a substantive bail application had been lodged there and was pending determination. The applicant was therefore no longer interested in pursuing the High Court application and prayed to withdraw it. The respondent, represented by a Senior State Attorney, did not object to the prayer for withdrawal.

Issues

1. Whether the applicant should be granted bail pending trial.
2. Whether the application should be permitted to be withdrawn where a substantive bail application is pending before the General Court Martial and the respondent does not object.

Orders

• Application struck out by reason of withdrawal.

Rules and key headnotes

Legislation cited (1)

• Firearms Act Cap 320 s.4(1)(2)(a)(3)(4)

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