Wakilii

Kamugisha Bernard v Uganda (Criminal Miscellaneous Application No. 0047 of 2019)

Court of Appeal · [2019] UGCA 2025 · 2019 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application by notice of motion for bail pending appeal, before a single Justice of the Court of Appeal
Decision
Application for bail pending appeal dismissed; applicant to remain in custody

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Holding

A single Justice of the Court of Appeal dismissed the applicant's motion for bail pending appeal. Bail, whether pending trial or appeal, is not a right but a matter of judicial discretion. The court found the applicant's fixed abode inadequately proved, his proposed sureties of doubtful substantiality given a UGX 2.5 billion compensation order, his advanced age alone insufficient, and his unsubstantiated medical claims speculative. Having examined the trial record and grounds of appeal, the court formed the impression the appeal was frivolous with no good chance of success, and that the offence involved serious breach of trust and theft of colossal sums. The application was accordingly dismissed.

Outcome

Application for bail pending appeal dismissed; applicant to remain in custody

Facts

The applicant, Kamugisha Bernard, was convicted by the Anti-Corruption Division of the High Court at Kololo on 10 December 2017 of embezzlement of approximately UGX 4.9 billion and sentenced to seven years' imprisonment, together with an order to jointly compensate former ISO employees UGX 2.5 billion. He had used his position as Treasurer of the Uganda Veterans Internal Security Organization Association Limited. He appealed and applied for bail pending appeal, relying on grounds including his prior compliance with bail during trial, a fixed place of abode at Kawaala/Kasubi, availability of substantial sureties, his status as a first offender, advanced age (stated as 62, though his National ID showed 59), poor health including HIV, and family responsibilities as sole breadwinner. The respondent opposed, contending the offence was a serious breach of trust, the sureties lacked capacity to enforce the compensation order, medical and other assertions were unsubstantiated, and the appeal was frivolous with no chance of success.

Issues

  1. Whether the applicant established grounds justifying the grant of bail pending the hearing of his appeal against conviction and sentence.

Orders

  • Application dismissed.

Rules and key headnotes

Criminal Procedure — Bail Pending Appeal — Discretionary Nature
Bail, whether pending trial or pending appeal, is not granted as of right but is dependent on the court's discretion, which must be exercised judiciously.
Criminal Procedure — Bail Pending Appeal — Substantiality of Sureties
The substantiality of proposed sureties must be assessed against their ability to enforce the orders of the judgment against the applicant, including any compensation order; sureties who cannot secure a large compensation obligation may be found insufficient.
Criminal Procedure — Bail Pending Appeal — Prospects of Success of Appeal
Where perusal of the trial record and grounds of appeal shows the applicant raised no serious explanation or defence, the court may form the impression that the appeal is frivolous and lacks good chances of success, which does not favour the grant of bail pending appeal.
Criminal Procedure — Bail Pending Appeal — Exceptional Circumstances (Age and Ill-Health)
Advanced age alone is not a sufficient basis for granting bail pending appeal, and assertions of inadequate medical care in prison must be supported by evidence; unsubstantiated claims are speculative and cannot support the application.

Legislation cited (6)

  • Constitution of Uganda 1995 art.23(6)(a)
  • Trial on Indictments Act Cap.23 s.132(4)
  • Trial on Indictments Act Cap.23 s.15(1)
  • Trial on Indictments Act Cap.23 s.15(3)
  • Criminal Procedure Code Act Cap.116 s.40(2)
  • Judicature (Court of Appeal) Rules SI 13-10 r.6(2)

Cases cited (4)

  • Emere Deo v Uganda (Supreme Court Criminal Application No. 2 of 2015)
  • Kyeyune Mitala Julius v Uganda (Supreme Court Criminal Application No. 9 of 2016)
  • Patrick Sentongo v Uganda (Criminal Application No. 17 of 2017)
  • Arvind Patel v Uganda (Supreme Court Application No. 1 of 2003)

Full judgment

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

Kamugisha Bernard v Uganda (Criminal Miscellaneous Application No. 0047 of 2019) [2019] UGCA 2025 (18 November 2019)
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.