Wakilii

Kasangaki v Uganda (Criminal Appeal No.53 of 2017)

Court of Appeal · [2017] UGCA 49 · 2017 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Second application to a single Justice of the Court of Appeal for bail pending appeal
Decision
Applicants released on bail pending the determination of their appeal on stated conditions

Observed later treatment

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Holding

On a second application for bail pending appeal, the single Justice applied the six considerations from Arvind Patel v Uganda, noting that not all conditions need be present and a combination of two or more may suffice. The Court found the applicants were first offenders, their offences did not involve personal violence, their appeal was not frivolous and had a possibility of success, there was a likelihood of substantial delay, and they had complied with prior bail terms. Crucially, the applicants had now cured the earlier deficiency by proving fixed places of abode through LC1 letters and KCCA documents, and presented substantial sureties. The application was granted and the applicants released on bail on stated conditions.

Outcome

Applicants released on bail pending the determination of their appeal on stated conditions

Facts

The 1st applicant, Kasangaki Aston Kyomya, was convicted of abuse of office and embezzlement under the Anti-Corruption Act 2009 and sentenced to 2 and 3 years' imprisonment to run concurrently, plus an order to pay Shs 20,000,000 to the State. The 2nd applicant, Okot Peter, was convicted of embezzlement and fraudulent false accounting and sentenced to 4 and 2 years' imprisonment to run concurrently, plus an order to pay Shs 150,000,000 to the State. Both appealed against conviction and sentence in Criminal Appeal No. 15 of 2017. Their first application for bail pending appeal was denied by a single Justice for lack of proof of fixed places of abode, though the Justice found they had complied with prior bail terms, their offences did not involve personal violence, and the appeal was not frivolous. In this second application, counsel presented KCCA property rate documents and LC1 letters proving fixed places of abode in Kampala, Kyenjonjo and Gulu, together with substantial sureties.

Issues

  1. Whether the applicants, having previously been denied bail pending appeal for lack of proof of fixed places of abode, satisfied the conditions for grant of bail pending appeal.

Orders

  • Application granted; applicants released on bail pending determination of their appeal.
  • Payment of cash bail of Shs 5,000,000 by each applicant.
  • Applicants to report to the Registrar of the Court every month at 9.00 am, beginning 1st December 2017, for extension of bail.
  • Each surety to bind themselves by a non-cash bond of Shs 20,000,000.
  • Breach of any condition renders the bail liable to automatic cancellation.
  • Bail to be cancelled if any applicant on release commits an offence injuring the person or property of the complainants.

Rules and key headnotes

Bail — Bail Pending Appeal — Purpose
The essence of bail pending appeal is not to enable an innocent accused to attend trial, but to enable a convicted person to pursue his or her appeal; a court should not ordinarily grant bail to a convict already serving sentence unless peculiar or unusual reasons or circumstances are presented to the satisfaction of the court.
Bail — Bail Pending Appeal — Conditions for Grant
In determining bail pending appeal, the court considers the character of the applicant, whether the applicant is a first offender, whether the offence involved personal violence, whether the appeal is not frivolous and has a reasonable possibility of success, the possibility of substantial delay in determining the appeal, and compliance with prior bail conditions; it is not necessary that all conditions be present, and a combination of two or more may suffice, each case being decided on its own facts.
Bail — Bail Pending Appeal — Proof of Fixed Place of Abode
Where a previous application for bail pending appeal was refused solely for want of proof of a fixed place of abode, a subsequent application may be granted if the applicant cures that deficiency by adducing satisfactory evidence of residence, such as local council confirmation letters and tax assessment documents, together with substantial sureties.

Legislation cited (6)

Cases cited (2)

  • Igamu Joanita v Uganda (Criminal Appeal No. 107 of 2013)
  • Arvind Patel v Uganda (Criminal 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.

Kasangaki Vs Uganda (Criminal Appeal No.53 of 2017) [2017] UGCA 49 (10 November 2017)
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.