Kamuhanda Moses Kule v Uganda (Criminal Application No. 154 of 2019)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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

On an application for bail pending appeal, the court held that an applicant is no longer protected by the presumption of innocence and must establish exceptional circumstances or unusual reasons to be granted bail. The applicant, convicted of murder and aggravated robbery and serving a 40-year sentence, failed to prove any exceptional circumstances. His claim that the trial records were irretrievably lost was unsubstantiated, and neither court had communicated such loss. A fixed place of abode and the presentation of sureties were, on their own, insufficient to constitute exceptional grounds. The court declined to exercise its discretion and dismissed the application.

Outcome

Application for bail pending appeal dismissed; applicant remains in custody pending determination of his appeal

Facts

The applicant was charged with murder contrary to sections 188 and 189, and aggravated robbery contrary to sections 285 and 286(2) of the Penal Code Act. He was tried by the High Court at Kasese (Batema, J), convicted, and sentenced to various terms, the highest being 40 years imprisonment. He filed Criminal Appeal No. 809 of 2014 in the Court of Appeal, which had not been fixed for hearing. He applied for bail pending the appeal, contending that his appeal had prospects of success, that it was unlikely to be disposed of soon because the trial High Court records could not be traced, that he was a first offender who had never breached prior bail conditions, that he had a permanent place of abode in Kasese District, and that he had presented three substantial sureties who were relatives. The respondent opposed, arguing the offences were serious, the applicant was likely to abscond, and that no exceptional circumstances had been proved.

Issues

1. Whether the applicant established exceptional circumstances or unusual reasons to justify being released on bail pending the determination of his criminal appeal.

Orders

• The application for bail pending appeal is dismissed.

Rules and key headnotes

Legislation cited (10)

• Constitution of Uganda Article 23(6)(a)
• Constitution of Uganda Article 28(1)
• Trial on Indictments Act Cap 23 s.132(4)
• Criminal Procedure Code Act Cap 116 s.40(2)
• Judicature (Court of Appeal Rules) Directions Rule 43
• Judicature (Court of Appeal Rules) Directions Rule 44
• Penal Code Act s.188
• Penal Code Act s.189
• Penal Code Act s.285
• Penal Code Act s.286(2)

Cases cited (1)

• Sande Pande Ndimwibo v Uganda (Criminal Application No. 241 of 2014)

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