Wakilii

Keitesi Katurebe v Uganda (Criminal Miscellaneous Application No. 115 of 2019)

High Court · [2020] UGHC 23 · 2020 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Bail application pending trial on murder indictment
Decision
Applicant released on bail pending trial

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted bail to an applicant charged with murder, holding that the presumption of innocence under Article 28(3) of the Constitution protects personal liberty and that proof of exceptional circumstances is not mandatory where the applicant has a fixed place of abode and substantial sureties capable of ensuring compliance with bail conditions.

Outcome

Applicant released on bail pending trial

Facts

The applicant was indicted for the murder of her mother-in-law, Furida Kabaterine. She applied for bail pending trial. The applicant is married with children and resides at Kangarame Kyafoora Rugarama, Ntungamo District, within the court's jurisdiction. She has no previous criminal record and no other pending charges. Two sureties were presented: her husband, Katurebe John, aged 50, a farmer; and Bwampere Yorakamu, aged 70, the local chairperson and immediate neighbour. The state opposed bail, arguing the applicant was likely to abscond and that no exceptional circumstances warranted bail.

Issues

  1. Whether the applicant should be granted bail pending trial on a murder charge.

Orders

  • Application allowed.
  • Bail granted.
  • Applicant bound in own recognizance of UGX 5,000,000 cash.
  • Each of the two sureties to execute a non-cash bond of UGX 10,000,000.
  • Applicant to report to the registrar of the criminal division once every two weeks from the date of this ruling.

Rules and key headnotes

Bail — Presumption of Innocence — Constitutional Protection of Personal Liberty
The presumption of innocence under Article 28(3) of the Constitution protects an accused person's right to personal liberty, and a bail applicant must not be deprived of freedom unnecessarily or as punishment where guilt has not been proved by a competent court.
Bail — Exceptional Circumstances — Not Mandatory for Grant of Bail
Proof of exceptional circumstances is not mandatory for the grant of bail, as courts have discretion to grant bail even where no exceptional circumstances are proved, provided the applicant has a fixed place of abode and sound sureties capable of guaranteeing compliance with bail conditions.
Bail — Fixed Place of Abode and Substantial Sureties — Sufficient Grounds for Grant
An applicant should not be incarcerated if the applicant has a fixed place of abode and sound sureties capable of guaranteeing compliance with bail conditions, and the state has adduced no evidence that the applicant will abscond.

Legislation cited (7)

Cases cited (4)

  • Col (Rtd) Dr. Kizza Besigye v Uganda (Criminal Application No. 83 of 2016)
  • Criminal Misc. Application No. 228 of 2005 and Criminal Misc. Application No. 229 of 2005
  • Abindi Ronald and Another v Uganda (Miscellaneous Criminal Application No. 0020 of 2016)
  • Mugisha Ronald v Uganda (Criminal Miscellaneous Application No. 050 of 2018)

Full judgment

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

Keitesi Katurebe v Uganda (Criminal Miscellaneous Application No. 115 of 2019) [2020] UGHC 23 (24 January 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.