Wakilii

Katongole Andrew v Uganda (Criminal Case 731 of 2025)

High Court · [2025] UGHCCRD 58 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for bail arising from criminal case committed to High Court
Decision
Applicant released on bail pending trial

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

Held that an accused person who has been remanded in custody for more than 180 days before being committed to the High Court is entitled to mandatory bail under Article 23(6)(c) of the Constitution, even where committal occurs after the statutory period has expired. The applicant, charged with aggravated robbery and remanded from December 2023 to September 2024 before committal, was granted bail with conditions including cash deposit and non-cash bonds from sureties.

Outcome

Applicant released on bail pending trial

Facts

The applicant was charged with aggravated robbery and first arraigned on 6 December 2023. He was remanded in custody and committed for trial on 17 September 2024, after spending more than 180 days on remand. The trial had not yet commenced at the time of the bail application. The applicant applied for mandatory bail under Article 23(6)(c) of the Constitution, contending he had a constitutional right to bail, a fixed place of abode, and substantial sureties. The prosecution opposed the application, arguing it was only brought after the expiry of the mandatory period. Three sureties were presented to guarantee the applicant's attendance.

Issues

  1. Whether the applicant is entitled to mandatory bail under Article 23(6)(c) of the Constitution where he was remanded for more than 180 days before committal to the High Court.

Orders

  • Application granted.
  • Applicant to deposit cash UGX 2,000,000 in court.
  • Each of the three sureties to execute a non-cash bond of UGX 10,000,000.
  • Applicant to report to the Deputy Registrar of the court every last Monday of the month beginning 29 November 2025.

Rules and key headnotes

Bail — Mandatory Bail — Article 23(6)(c) of the Constitution — Entitlement Where Committal Occurs After 180 Days
Where an accused person has been remanded in custody for more than 180 days before being committed to the High Court for trial, that person is entitled to mandatory bail under Article 23(6)(c) of the Constitution, even if the committal itself occurs after the expiry of the statutory period.
Bail — Discretion of Court — Factors to Consider
In determining an application for bail, the court must consider whether it is in the interests of justice to grant bail, taking into account the severity of the offence, the potential risk of absconding, whether the applicant has substantial sureties to guarantee attendance, and the presumption of innocence.
Right to Bail — Constitutional Right to Apply — Presumption of Innocence
An accused person has a constitutional right to apply to be released on bail under Article 23(6)(a) of the Constitution, and the court may grant bail on such terms as it considers reasonable, bearing in mind that the accused enjoys the presumption of innocence until proved guilty by a competent court.

Legislation cited (6)

Cases cited (2)

  • Uganda v Rtd. Col. Kiiza Besigye (Constitutional Reference No. 20 of 2005)
  • Joseph Lusse v Uganda (HCCA 73197)

Full judgment

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

Katongole Andrew v Uganda (Criminal Case 731 of 2025) [2025] UGHCCRD 58 (30 October 2025)
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.