Wakilii

Kasekende Mark Alias Kaseke v Uganda (Criminal Miscellaneous Application 26 of 2026)

High Court · [2026] UGHC 422 · 2026 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Successive bail application following dismissal of earlier bail application
Decision
Bail application dismissed; applicant remains in custody pending trial

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that successive bail applications are permissible only where there is a material change in circumstances since the earlier rejection. The applicant failed to demonstrate any new facts or changed circumstances affecting the risk of absconding, the ground on which the earlier application was dismissed. Advancing identical grounds previously considered and rejected does not meet the threshold for fresh evaluation. The application was dismissed as an improper attempt to review the earlier ruling.

Outcome

Bail application dismissed; applicant remains in custody pending trial

Facts

The applicant is charged with four counts of aggravated robbery and two counts of doing grievous harm. He applied for bail under Articles 23(6)(a) and (c) and 28(3)(a) of the Constitution and sections 14 and 15 of the Trial on Indictments Act. The applicant had previously applied for bail before the same court in High Court Criminal Miscellaneous Application No. 249 of 2025, which was dismissed on 12th February 2026 on the ground that he had not satisfied the court he would not abscond if released. The present application advanced the same grounds: right to bail, court's discretion, fixed place of abode, and substantial sureties. The state opposed on grounds that the applicant had not proved he would not abscond and that the state was ready to prosecute.

Issues

  1. Whether the present bail application discloses a material change in circumstances since the dismissal of the earlier bail application on 12th February 2026.

Orders

  • Application dismissed.
  • Deputy Registrar directed to fix the main case for hearing on the earliest date possible.

Rules and key headnotes

Bail — Successive Applications — Material Change in Circumstances Required
While an accused person has the right to apply for bail as many times as possible, successive bail applications after rejection of an earlier application can only be made where there is a material change in the circumstances that led to the rejection. The change must be substantial and have a direct impact on the earlier decision, not merely cosmetic changes of little or no consequence. Without a change in circumstances, a subsequent bail application is an improper attempt to review the earlier rejection order, which is not permissible under criminal law.
Bail — Court's Duty in Successive Applications
When entertaining a subsequent bail application after an earlier rejection, the court has a duty to consider the reasons and grounds on which the earlier application was rejected and to record what fresh grounds persuade it to take a view different from the one taken in the earlier application. The court must identify a change in the fact situation or in law which requires the earlier view to be interfered with, or where the earlier finding has become obsolete.
Right to Bail — Discretion of Court
Although the Constitution guarantees an accused person the right to apply for bail under Article 23(6)(a) and the presumption of innocence under Article 28(3)(a), the court at all times retains the discretion whether or not to grant bail. The right to apply for bail does not guarantee the grant of bail.

Legislation cited (10)

Cases cited (6)

  • Uganda v Kiiza Besigye (Constitutional Reference No. 20 of 2005)
  • Foundation for Human Rights Initiative v Attorney General (Constitutional Petition No. 020 of 2006)
  • Kyagaba Charles v Uganda (Criminal Miscellaneous Application No. 67 of 2023)
  • Opiyo & Another v Uganda (Criminal Miscellaneous Application No. 74 of 2023)
  • Kalyan Chandra Sarkar versus Rajesh Rajan A.I.R. 2004 S.C.
  • Jogia @ Jogendra Jena

Full judgment

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

Kasekende Mark Alias Kaseke v Uganda (Criminal Miscellaneous Application 26 of 2026) [2026] UGHC 422 (22 April 2026)
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.