Wakilii

Kapasi Fred & Another v Uganda (Criminal Miscellaneous Application No. 108 of 2019)

High Court · [2020] UGHC 11 · 2020 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for bail pending trial on murder charges
Decision
Applicants released on bail pending trial subject to conditions

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted bail to two applicants aged 63 and 62 charged with murder. The court held that bail is a constitutional right under Article 23(6)(a) and that the applicants had satisfied the requirements by showing a fixed place of abode, presenting substantial sureties, and demonstrating they would not abscond. The court imposed conditions including cash bail of UGX 1,000,000 each and monthly reporting.

Outcome

Applicants released on bail pending trial subject to conditions

Facts

The applicants, aged 63 and 62 years, were charged with murder. They applied for bail arguing their advanced age, that they were not at the scene of crime, that another suspect who killed the deceased was mentioned, that they had no other pending criminal charges, would not abscond, and would present substantial sureties. The state opposed bail citing the applicants' advanced age, the maximum sentence for murder, and argued for stringent conditions on the basis that the applicants could spend their remaining lives in prison if convicted. The applicants presented five sureties including family members and friends, all residents of Ntungamo District.

Issues

  1. Whether the applicants charged with murder should be released on bail pending trial.
  2. Whether the applicants satisfied the conditions for bail under Article 23(6)(a) of the Constitution and sections 14 and 15 of the Trial on Indictments Act.

Orders

  • Application for bail allowed.
  • Applicants to pay UGX 1,000,000 each in cash to court.
  • Each surety to execute a non-cash bond of UGX 5,000,000.
  • Applicants to report to the Registrar of the High Court every 15th day of the month for the entire duration of trial with effect from 15 February 2020.

Rules and key headnotes

Bail — Constitutional Right — Availability Regardless of Offence
The right to apply for bail is a constitutional right open to all categories of accused persons irrespective of the nature of the offence for which they are charged.
Bail — Discretion — Factors for Consideration
In determining whether to grant bail, the court must exercise discretion having regard to all relevant facts and circumstances including the nature and seriousness of the offence, the character of the evidence, circumstances peculiar to the accused, the reasonable possibility of securing the accused's presence at trial, reasonable apprehension of witness tampering, and the larger interest of the public or state.
Bail — Sureties — Substantiality and Relationship to Accused
An applicant fulfills the requirement of presenting substantial sureties where the sureties include family members and close friends whose relationship to the accused would enable them to compel the accused to attend trial.
Presumption of Innocence — Bail Applications
The presumption of innocence enshrined in Article 28(3)(a) of the Constitution is an overriding principle in admitting a remand prisoner to bail, such that an accused person is presumed innocent except where he or she has pleaded guilty or the prosecution has established guilt beyond reasonable doubt.

Legislation cited (8)

Cases cited (2)

  • Dr. Ismail Kalule & 3 Others v Uganda (Criminal Miscellaneous Applications 57, 58, 59, & 60 of 2010)
  • His Majesty Omusinga Mumbere Wesley v Uganda (Criminal Miscellaneous Application No. 75 of 2016)

Full judgment

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

Kapasi Fred & Another v Uganda (Criminal Miscellaneous Application No. 108 of 2019) [2020] UGHC 11 (24 January 2020)
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.