Wakilii

Kazibwe v Uganda (Criminal Appeal No. 48 of 2015)

Court of Appeal · [2015] UGCA 21 · 2015 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for bail pending appeal following conviction and appeal from the Anti-Corruption Division
Decision
Applicant granted bail pending appeal on stated conditions

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court granted the applicant bail pending the hearing of his appeal against conviction for embezzlement and causing financial loss. Applying the guidelines in Arvind Patel v Uganda, the court found the applicant was of good character, a first offender, convicted of a non-violent offence, had complied with earlier bail conditions, faced possible delay in the determination of his appeal, and had presented substantial sureties. The court also had regard to the applicant's ill-health and the principle of presumption of innocence, and granted bail on stated conditions.

Outcome

Applicant granted bail pending appeal on stated conditions

Facts

The applicant was convicted on 16 May 2014 of embezzlement and causing financial loss contrary to sections 19(b)(ii) and 20(i) of the Anti-Corruption Act 2009 by the Chief Magistrate and sentenced to imprisonment. His appeal to the High Court (Anti-Corruption Division) was dismissed, and he lodged a further appeal to the Court of Appeal (Criminal Appeal No. 876 of 2014) which had not been fixed for hearing. Prior to conviction he had been on bail for over three years without absconding. He applied for bail pending appeal, relying on his status as a first-time offender, the non-violent nature of the offence, ill-health (chronic gastritis), possible delay in hearing his appeal, and the presumption of innocence. He presented three sureties and had a fixed place of abode in Naluvule, Wakiso district. The Director of Public Prosecutions was served but did not appear, and the matter proceeded ex parte.

Issues

  1. Whether the applicant satisfied the conditions for the grant of bail pending appeal.

Orders

  • Application for bail pending appeal granted on conditions.
  • The applicant to bind himself to forfeit the sum of Shs. 5,000,000 deposited in court in the lower court bail application.
  • The applicant's passport held in the lower court to remain in custody of court.
  • The three sureties to bind themselves in the sum of Shs. 5,000,000 (not cash).
  • The applicant to report to the Registrar on the first Monday of every month.

Rules and key headnotes

Criminal Procedure — Bail Pending Appeal — Guiding Considerations
In determining whether to grant 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 whether the applicant complied with earlier bail conditions.
Presumption of Innocence — Relevance to Bail Pending Appeal
Until an applicant's conviction has been confirmed by the highest court, the presumption of innocence under article 28(3)(a) of the Constitution is not completely extinguished, and this is a relevant consideration on an application for bail pending appeal.

Legislation cited (9)

Cases cited (2)

  • Arvind Patel v Uganda (Criminal Application No. 1 of 2003)
  • John Kashaka Muhanguzi v Uganda (Criminal Reference No. 797 of 2014)

Full judgment

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

Kazibwe v Uganda (Criminal Appeal No. 48 of 2015) [2015] UGCA 21 (27 January 2015)
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.