Wakilii

Katebarirwe & Anor v Uganda (Criminal Appeal No. 165 of 2019)

Court of Appeal · [2020] UGCA 2121 · 2020 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for bail pending appeal from High Court conviction for murder
Decision
Application for bail pending appeal dismissed; applicants to remain in custody

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Holding

The Court dismissed an application for bail pending appeal by two persons convicted of murder and sentenced to 45 years imprisonment. It held that bail pending appeal is discretionary and requires proof of strong and exceptional circumstances; substantial sureties, fixed abode, family responsibilities and prior compliance with trial bail conditions are general grounds and not exceptional circumstances. The applicants failed to prove grave illness by medical certification or that the offences' seriousness was outweighed. As convicted persons they had lost the presumption of innocence. The Court further held the omnibus joint application was improperly joined, each appellant needing a separate application stating peculiar reasons, and would have been struck out on that ground alone.

Outcome

Application for bail pending appeal dismissed; applicants to remain in custody

Facts

Both applicants were charged and convicted of murder contrary to sections 188 and 189 of the Penal Code Act on 9 May 2016 by Justice Duncan Gaswaga in High Court Criminal Case No. 202 of 2011, and each sentenced to 45 years imprisonment. Dissatisfied with conviction and sentence, they filed a notice and memorandum of appeal on 5 July 2019 and applied for bail pending appeal. They contended their appeal had chances of success, they had permanent places of abode in Mbarara District, substantial sureties, that the first applicant was 63 years old and in poor health, and the second applicant was in poor health with limited prison medical facilities. They also noted they had previously been on bail without absconding. The respondent opposed, arguing no exceptional circumstances were shown, no proof of illness was provided, and the sureties were not substantial.

Issues

  1. Whether the applicants proved exceptional circumstances justifying the grant of bail pending appeal.
  2. Whether a joint (omnibus) application for bail pending appeal by two convicted persons is competent.

Orders

  • Application dismissed.

Rules and key headnotes

Bail Pending Appeal — Exceptional Circumstances — Burden of Proof
There is no automatic right to bail pending appeal; the applicant bears the burden of proving strong and exceptional circumstances justifying release, and the court exercises its discretion judiciously on the merits of each case.
Bail Pending Appeal — General Grounds Distinguished from Exceptional Circumstances
Substantial sureties, a fixed place of abode, family responsibilities, and prior compliance with trial bail conditions are general grounds applicable to bail pending trial and do not constitute exceptional circumstances for bail pending appeal.
Bail Pending Appeal — Grave Illness and Advanced Age — Proof Required
While grave illness or advanced age may amount to an exceptional circumstance, an applicant must prove grave illness by medical certification and evidence that necessary treatment cannot be obtained in prison; unsupported assertions are insufficient.
Bail Pending Appeal — Loss of Presumption of Innocence upon Conviction
Upon conviction by an impartial court, an accused loses the presumption of innocence, and the interests of justice require the court to weigh the interests of the victim and society when considering bail pending appeal.
Bail Pending Appeal — Joinder — Omnibus Applications Incompetent
An application for bail pending appeal by multiple convicted persons ought not to be joined; each appellant must file a separate application stating reasons peculiar to himself, and an omnibus application has no basis at law.

Legislation cited (9)

Cases cited (10)

  • Raghbir Lamba v R [1958] 1 EA 337
  • Igamu Joanita v Uganda (Criminal Appeal No. 107 of 2013)
  • Arvind Patel case (supra) / Arvind Patel vs Uganda
  • Foundation for Human Rights Initiative v Attorney General (Constitutional Petition No. 20 of 2009)
  • Kairu Arajab and Kange Patrick v Uganda (Miscellaneous Application No. 34 of 2014)
  • Sande Pande Ndimwibo v Uganda (Criminal Application No. 241 of 2014)
  • Basiku Thomas v Uganda (Criminal Appeal No. 33 of 2011)
  • Chimambhai v Republic (No. 2) [1971] 1 EA
  • Busulwa Bulasio v Uganda (Criminal Reference No. 1 of 2016)
  • David Chandi Jamwa v Uganda (Miscellaneous Application No. 9 of 2018)

Full judgment

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

Katebarirwe & Anor v Uganda (Criminal Appeal No. 165 of 2019) [2020] UGCA 2121 (24 August 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.