Wakilii

Kiddawalime Abdu v Uganda (Criminal Misc. Application No. 381 of 2025)

High Court · [2025] UGHCCRD 51 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Bail application by accused charged with murder
Decision
Applicant released on bail pending trial

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that an accused person who has been remanded for more than 180 days before committal to the High Court qualifies for mandatory bail under Article 23(6)(c) of the Constitution, and subsequent committal does not negate this right. Further held that hypertensive heart disease requiring chronic care constitutes exceptional circumstances under Section 16(3) of the Trial on Indictments Act where prison facilities may not adequately provide necessary medical treatment. Bail granted.

Outcome

Applicant released on bail pending trial

Facts

The applicant was charged with murder contrary to Sections 171 and 172 of the Penal Code Act. He first appeared in court on 28th November 2024 and was committed to the High Court on 7th July 2025, having spent more than 180 days on remand before committal. The applicant is 53 years old and suffers from hypertensive heart disease requiring chronic care, as evidenced by a medical report from Luzira Murchison Bay Hospital dated 27th March 2025. He applied for bail on grounds of mandatory bail entitlement and exceptional circumstances based on his medical condition.

Issues

  1. Whether the applicant has demonstrated sufficient grounds to warrant the grant of bail, considering the gravity of the offence of murder.
  2. Whether the applicant qualified for mandatory bail under Article 23(6)(c) of the Constitution having been remanded for more than 180 days before committal to the High Court.
  3. Whether the applicant demonstrated exceptional circumstances justifying release on bail under Section 16 of the Trial on Indictments Act.

Orders

  • Bail granted to the applicant.
  • Applicant to deposit cash bail of UGX 1,000,000.
  • Each surety to execute a non-cash bond of UGX 10,000,000.
  • Applicant to report to the Deputy Registrar of the Criminal Division every first Monday of the month beginning 3rd November 2025.

Rules and key headnotes

Bail — Mandatory Bail — Effect of Committal After 180 Days on Remand
Where an accused person has been remanded in custody for more than 180 days before being committed to the High Court, the accused qualifies for mandatory bail under Article 23(6)(c) of the Constitution and Rule 10(1) of the Bail Guidelines 2022, and subsequent committal does not negate this constitutional right.
Bail — Exceptional Circumstances — Medical Condition
Hypertensive heart disease requiring chronic medical care constitutes exceptional circumstances justifying the grant of bail under Section 16(3) of the Trial on Indictments Act where the medical condition may not be adequately managed within prison facilities.
Right to Bail — Mandatory Bail — Constitutional Guarantee
The right to mandatory bail under Article 23(6)(c) of the Constitution is a constitutional guarantee that accrues when an accused has been remanded for 180 days before committal, and this right cannot be defeated by the State's subsequent act of committing the accused to the High Court after the statutory period has elapsed.

Legislation cited (7)

Cases cited (1)

  • 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.

Kiddawalime Abdu v Uganda (Criminal Misc. Application No. 381 of 2025) [2025] UGHCCRD 51 (23 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.