Wakilii

Kasajja v Uganda (Misc. Application No. 7 of 1993)

High Court · [1994] UGHCCRD 2 · 1994 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for bail following rejection of similar application by Chief Magistrate, Jinja
Decision
Bail application dismissed; applicant remains in custody pending trial with liberty to reapply after 240 days

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed the bail application on grounds of the gravity of the charges and the huge amount of public money involved. The applicant was charged with six counts of causing financial loss to government contrary to Penal Code Act section 258(1). The court noted the applicant remained free to apply for bail under section 74A of the Magistrates Courts Act after 240 days from remand. The court directed that the trial before the Chief Magistrate's Court at Jinja should commence before the end of January 1994.

Outcome

Bail application dismissed; applicant remains in custody pending trial with liberty to reapply after 240 days

Facts

Anthony Kasajja was charged before the Magistrate's Court at Jinja with six counts of causing financial loss to the government contrary to section 258(1) of the Penal Code Act as amended by Statute No. 5 of 1987. He applied for bail before the Chief Magistrate at Jinja but the application was rejected. He then brought this application before the High Court under section 73(3)(b) of the Magistrates Courts Act and section 14 of the Trial on Indictments Act. The court noted that inquiries in the case had been completed long ago but the accused had not been tried. The case had been fixed for hearing on multiple occasions but had never commenced for various reasons.

Issues

  1. Whether the applicant should be granted bail pending trial on charges of causing financial loss to the government.

Orders

  • Application for bail dismissed.
  • Applicant may apply for bail after expiry of 240 days from date of remand under Magistrates Courts Act s.74A.
  • Hearing of the case before the Chief Magistrate's Court at Jinja to commence before the end of January 1994.

Rules and key headnotes

Bail — Discretion — Factors to Consider — Gravity of Charges
In determining whether to grant bail, the court must consider the gravity of the charges and the magnitude of loss involved, particularly where the charges relate to causing financial loss to government involving huge amounts of public money.
Bail — Statutory Provisions — Right to Apply After 240 Days
A refusal of bail does not bar an accused person from taking advantage of section 74A of the Magistrates Courts Act as amended by Statute 6 of 1990, which permits an application for bail after the expiry of 240 days from the date of remand.
Trial — Right to Speedy Trial — Judicial Direction
Where inquiries have been completed and an accused person has not been tried despite the case being fixed for hearing on multiple occasions, the court may in the interests of justice direct that the trial commence as soon as practicable.

Legislation cited (4)

Full judgment

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

Kasajja v Uganda (Misc. Application No. 7 of 1993) [1994] UGHCCRD 2 (5 January 1994)
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.