Kermundu v Uganda (Miscellaneous Criminal Application No. 0021 of 2016)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Held that the applicant proved exceptional circumstances of advanced age warranting bail. A person indicted for murder may be released on bail if exceptional circumstances exist. Advanced age has been settled at 50 years for bail purposes. The applicant, being over 70 years old, qualified as a person of advanced age. With investigations complete and no evidence of likelihood to abscond or interfere with witnesses, bail was granted subject to rigorous conditions including substantial bonds and monthly reporting requirements.
Outcome
Applicant released on bail pending trial subject to meeting the imposed conditions
Facts
On 29 March 2015 at Ali village, Pagei Parish, Warr Sub County in Zombo District, the applicant together with others murdered Orwinya Rufino. He was committed for trial on 7 August 2015 on a charge of murder contrary to sections 188 and 189 of the Penal Code Act. As of September 2016, he had not been tried. The applicant claimed to be 80 years old, though police medical examination indicated he was 73 years. The state opposed bail, arguing he faced a capital offence and might abscond, though acknowledging his advanced age. The applicant had a fixed place of abode and presented two sureties. Investigations were complete by the time of the application.
Issues
- Whether the applicant has proved exceptional circumstances to warrant his release on bail pending trial on a charge of murder.
Orders
- Application allowed.
- Applicant released on bail.
- Applicant to execute and pay a cash bond of Shs. 2,000,000/=.
- First surety to execute a non-cash bond of Shs. 5,000,000/=.
- Second surety to execute a non-cash bond of Shs. 10,000,000/=.
- Applicant to report to the Assistant Registrar of the High Court on the first Tuesday of every month until the commencement of trial or further orders.
- Applicant to report to the Officer in Charge of Criminal Investigations at Alangi Police post on the last working day of every month until commencement of trial or further orders.
- In the event applicant fails to meet the conditions, he is to be remanded.
Rules and key headnotes
Legislation cited (12)
- Constitution of the Republic of Uganda Article 23(6)(a)
- Constitution of the Republic of Uganda Article 28
- Constitution of the Republic of Uganda Article 28(3)
- Trial on Indictments Act Cap.23 s.14
- Trial on Indictments Act Cap.23 s.14(1)
- Trial on Indictments Act Cap.23 s.15
- Trial on Indictments Act Cap.23 s.15(1)
- Trial on Indictments Act Cap.23 s.15(3)
- Trial on Indictments Act Cap.23 s.15(4)
- Judicature (Criminal Procedure) (Applications) Rules S.I 13-8 rule 3
- Penal Code Act s.188
- Penal Code Act s.189
Cases cited (3)
- Uganda v Kiiza Besigye (Constitutional Reference No. 20 of 2005)
- Andrew Adimola v Uganda (High Court Miscellaneous Criminal Application No. 9 of 1992)
- Vincent Nyanzi v Uganda (High Court Miscellaneous Criminal Application No. 7 of 2001)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.