Kawuki v Uganda (Criminal Miscellaneous Application 190 of 2022)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Mandatory bail under Article 23(6)(c) of the Constitution is available only to persons remanded for 180 days who have not yet been committed to the High Court for trial. Once an accused person is committed to the High Court, they no longer qualify for mandatory release on bail under that constitutional provision.
Outcome
Application for mandatory bail dismissed; applicant remains in custody pending trial
Facts
The applicant was charged with three counts of aggravated defilement on 24 March 2021 and remanded to Luzira Prison. He remained on remand for over 500 days across three files in Nabweru Chief Magistrates Court (files 14, 15, and 16 of 2021). After this period, he was committed to the High Court for trial with all charges joined in one indictment. The applicant then applied for mandatory bail under Article 23(6)(c) of the Constitution, arguing that he had been on remand for more than 180 days. He stated he had sound sureties and a fixed place of abode. The state opposed the application, citing the severity of the offences and concerns about absconding.
Issues
- Whether the applicant qualifies for mandatory bail under Article 23(6)(c) of the Constitution after having been committed to the High Court for trial.
Orders
- Application dismissed.
Rules and key headnotes
Legislation cited (6)
- Constitution of Uganda Article 23(6)(c)
- Constitution of Uganda Article 28(3)(a)
- Trial on Indictments Act s.14(1)
- Constitution (Bail Guidelines for Courts of Judicature) (Practice) Directions 2022 Clause 10(1)
- Constitution (Bail Guidelines for Courts of Judicature) (Practice) Directions 2022 Clause 10(3)
- Constitution (Bail Guidelines for Courts of Judicature) (Practice) Directions 2022 Items 11, 12, 13 and 14
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.