Kambale v Uganda (Criminal Miscellaneous Application 244 of 2019)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Held that where an accused's bail was properly cancelled by the trial court for failure to meet bail conditions and the recognisance was forfeited, the applicant is not entitled to a refund of the cash bail deposit even after successful appeal and acquittal. Application dismissed.
Outcome
Application dismissed. No refund of cash bail ordered.
Facts
The applicant was charged, tried and convicted by Nakawa Chief Magistrates Court on 17 September 2016. On 18 November 2016 he was released on cash bail of UGX 3,000,000. He appealed against conviction and sentence which was reversed on 17 September 2019. The applicant applied for a refund of his cash bail deposit which was denied. The State's position was that the applicant had defaulted on his bail conditions by failing to appear or report to court. His sureties were ordered to forfeit their bond and his bail was cancelled. When re-arrested he was detained in prison and on 15 March 2019 was produced from prison for judgment and sentence, confirming the bail cancellation had occurred before judgment.
Issues
- Whether the applicant was entitled to a refund of cash bail paid following his acquittal on appeal where the trial court had cancelled the bail for non-compliance with bail conditions.
Orders
- Application dismissed.
Rules and key headnotes
Legislation cited (7)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.