Wakilii

Kimanyi v Uganda (Criminal Miscellaneous Application 152 of 1993)

High Court · [1991] UGHC 46 · 1991 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Bail application to High Court arising from remand on charge before Chief Magistrate
Decision
Applicant released on bail pending trial

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

High Court granted bail to an applicant charged with issuing a false cheque under section 364(1)(a) of the Penal Code Act. The court was satisfied that exceptional circumstances existed because the Director of Public Prosecutions issued a Certificate of No Objection under section 14A(2)(c) of the Trial on Indictments Decree. Two sureties were accepted and conditions included a cash bond and monthly police reporting.

Outcome

Applicant released on bail pending trial

Facts

The applicant was charged on 16 December 1993 before the Chief Magistrate of Mengo with issuing a false cheque contrary to section 364(1)(a) of the Penal Code Act and was remanded. Because Magistrates Courts cannot grant bail for this offence unless the accused has been on remand for over 240 days, the applicant applied to the High Court for bail under sections 74 and 75 of the Magistrates Court Act 1970 and section 14A of the Trial on Indictments Decree. The applicant's counsel obtained a Certificate of No Objection from the Director of Public Prosecutions. Two sureties were produced: the applicant's father, a 55-year-old retired civil servant residing at Nsambya estate where the applicant had been living before remand, and the applicant's first cousin, a 55-year-old marketing officer. The State did not object to the sureties.

Issues

  1. Whether exceptional circumstances exist justifying the applicant's release on bail.
  2. Whether the applicant will not abscond if released on bail.

Orders

  • Bail granted to the applicant.
  • Applicant to execute a bond of Ug.shs.250,000/= CASH.
  • Applicant to report to Central Police Station once every month beginning 10th February 1994 until case disposed of or order varied.
  • Each surety to execute a bond of Ug.shs.1,000,000/= NOT CASH.
  • File to be remitted immediately to Deputy Registrar (Criminal) to ensure compliance.

Rules and key headnotes

Bail — Exceptional Circumstances — Certificate of No Objection from DPP
Under section 14A of the Trial on Indictments Decree, a person charged with issuing a false cheque contrary to section 364(1)(a) of the Penal Code Act may be granted bail by the High Court where exceptional circumstances exist, and a Certificate of No Objection from the Director of Public Prosecutions constitutes exceptional circumstances within the meaning of section 14A(2)(c).
Bail — Magistrates Courts — Jurisdiction Limitations
Magistrates Courts lack jurisdiction to grant bail for offences under section 364(1)(a) of the Penal Code Act unless the accused has been on remand for a continuous period exceeding 240 days.
Sureties — Sufficiency and Acceptance
Where sureties are produced who reside with or are closely related to the applicant, who are of mature age and stable employment or retirement, and where the State does not object, the court may accept such sureties as sufficient to ensure the applicant's return to answer the charge.

Legislation cited (6)

  • Penal Code Act s.364(1)(a)
  • Magistrates Court Act 1970 s.74
  • Magistrates Court Act 1970 s.75
  • Trial on Indictments Decree s.14A
  • Trial on Indictments Decree s.14A(1)
  • Trial on Indictments Decree s.14A(2)

Full judgment

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

Kimanyi v Uganda (Criminal Miscellaneous Application 152 of 1993) [1991] UGHC 46 (12 January 1991)
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.