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Kamoga Sakulu and Kirabila Jordan Rahab v Uganda (Criminal Miscellaneous Application 750 of 2025)

High Court · [2025] UGHCCRD 68 · 2025 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for mandatory bail pending trial on aggravated robbery charges after committal to High Court
Decision
Applicants remain in custody pending trial

Observed later treatment

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Holding

Held that once an accused person is committed to the High Court for trial and six months have lapsed, the nature of a bail application shifts from mandatory under Article 23(6)(c) to discretionary under Section 15 of the Trial on Indictments Act. For capital offences like aggravated robbery, Section 16 requires the applicant to prove exceptional circumstances justifying release. The applicants failed to demonstrate exceptional circumstances such as advanced age, grave illness, or a certificate of no objection from the DPP. Fixed place of abode and substantial sureties do not meet the legal threshold for exceptional circumstances. Application dismissed.

Outcome

Applicants remain in custody pending trial

Facts

The applicants are charged with aggravated robbery contrary to sections 266 and 267(2) of the Penal Code Act. They were committed to the High Court for trial on 24 June 2024. The applicants brought an application by way of Notice of Motion under Article 23(6) of the Constitution seeking mandatory bail pending the hearing and determination of the main case. The applicants claimed to have a fixed place of abode and substantial sureties. The respondent objected to the application. More than six months had elapsed since committal to the High Court.

Issues

  1. Whether the applicants are entitled to mandatory bail under Article 23(6) of the Constitution after committal to the High Court.
  2. Whether exceptional circumstances exist to justify discretionary bail for a capital offence under Section 16(3) of the Trial on Indictments Act.

Orders

  • Application for bail dismissed.
  • Matter fixed for hearing.

Rules and key headnotes

Bail — Mandatory Bail — Shift from Mandatory to Discretionary Bail After Committal
Once an accused person is committed to the High Court for trial and six months have lapsed, the nature of a bail application shifts from a mandatory one under Article 23(6)(c) of the Constitution to a discretionary one under Section 15 of the Trial on Indictments Act.
Bail — Capital Offences — Exceptional Circumstances Required
Under Section 16 of the Trial on Indictments Act, for a capital offence such as aggravated robbery, the court shall refuse to grant bail unless the applicant proves to the satisfaction of the court that exceptional circumstances exist justifying their release.
Bail — Exceptional Circumstances — What Constitutes
Exceptional circumstances required for discretionary bail in capital offences include advanced age, grave illness, or a certificate of no objection from the Director of Public Prosecutions. A fixed place of abode and substantial sureties, while relevant to the general risk of absconding, do not meet the legal threshold for exceptional circumstances.

Legislation cited (7)

Full judgment

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Kamoga Sakulu and Kirabila Jordan Rahab v Uganda (Criminal Miscellaneous Application 750 of 2025) [2025] UGHCCRD 68 (20 November 2025)
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.