Kamugisha v Uganda (Criminal Misc. Cause No.94 of 2007)

Observed later treatment

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The High Court granted bail to an accused charged with Abuse of Office under the Penal Code Act s.87(1). The court held that the applicant, aged 58 years, satisfied the requirement of advanced age as an exceptional circumstance under s.15(3)(c) of the Trial on Indictments Act. The applicant had a fixed place of abode, substantial sureties including Members of Parliament and a former Minister, no history of absconding, and no other pending charges. The court found him a fit and proper person to grant bail under ss.15(3) and 15(4) of the Trial on Indictments Act.

Outcome

Applicant released on bail pending trial at Chief Magistrate's Court

Facts

The applicant was charged before the Chief Magistrate's Court with Abuse of Office contrary to s.87(1) of the Penal Code Act. This offence is bailable only by the High Court under s.75(2) of the Magistrates Courts Act. The applicant, aged 58 years (born 10 July 1948), applied for bail under Article 23(6) of the Constitution and the Trial on Indictments Act, relying on advanced age as an exceptional circumstance. He is married with 10 children and other dependants, has a fixed place of abode at Apollo Square in Entebbe, has no history of absconding bail, and faces no other pending charges. He presented three substantial sureties: Hon. Professor Kasenene (former Minister of State for Finance), Hon. John Alimpa Kigyagi (MP for Mbarara Municipality), and Hon. Chris Baryomunsi (MP for Kinkizi East). The prosecution did not oppose the evidence of advanced age.

Issues

1. Whether the applicant satisfied the requirements for bail under the Trial on Indictments Act in respect of a charge of Abuse of Office bailable only by the High Court.
2. Whether advanced age constitutes an exceptional circumstance warranting the grant of bail under s.15(3)(c) of the Trial on Indictments Act.

Orders

• Application granted.
• The applicant is to enter into a bond with the Registrar (Crime) in an amount of Shs.3 million not cash, guaranteeing that he will duly attend the Chief Magistrate's Court to answer the charge preferred against him.
• Each of the 3 sureties presented to court will also enter into a bond with the Registrar (Crime) in an amount of Shs.5 million not cash guaranteeing that the applicant will attend the Chief Magistrate's Court to answer the charge against him.
• The applicant must surrender to the Registrar (Crime) his passport.
• The applicant, after his release on bail, must report to the Registrar (Crime) twice every month: on the first Friday and on the last Friday of every month.
• The applicant should report to the Chief Magistrate's Court Buganda Road at Kampala on the date next fixed for mention of his case.

Rules and key headnotes

Legislation cited (11)

• Penal Code Act s.87(1)
• Magistrates Courts Act s.75(2)
• Magistrates Courts Act s.75(4)(b)
• Constitution of Uganda 1995 Article 23(6)(a)
• Constitution of Uganda 1995 Article 23(6)(b)
• Trial on Indictments Act s.14(1)
• Trial on Indictments Act s.15(1)
• Trial on Indictments Act s.15(2)(d)
• Trial on Indictments Act s.15(3)
• Trial on Indictments Act s.15(3)(c)
• Trial on Indictments Act s.15(4)

Cases citing this judgment (1)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Kizza and Others v Uganda (H.C.Miscellaneous Application 5 of 2023)

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