Wakilii

Kinyambila v Uganda (Criminal Misc. Application No. 87 of 2012)

High Court · [2013] UGHCCRD 3 · 2013 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Third application for bail by accused person committed to High Court for trial on treason charge
Decision
Applicant released on bail subject to conditions

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

An accused person charged with treason who has been remanded for more than 180 days before committal to the High Court retains the constitutional right to bail under Article 23(6)(c) after committal. The requirement to prove exceptional circumstances under the Trial on Indictments Act does not apply once the constitutional right has accrued. The court's discretion is limited to setting reasonable bail conditions. Bail does not automatically lapse upon committal to the High Court.

Outcome

Applicant released on bail subject to conditions

Facts

The applicant was one of eight persons charged with treason on 27 June 2011 and remanded at Luzira Upper Prison. This was his third application for bail. His first application (Misc. Appl. No. 43 of 2011) was rejected on 27 September 2011 on grounds of the seriousness of the offence and period on remand. His second application (Misc. App. No. 9 of 2012) was rejected on 29 February 2012 on the ground that the applicants had been committed to the High Court in January 2012. By the time of committal on 6 January 2012, the applicant had been on remand for more than 180 days. The applicant sought bail on grounds that courts take long to hear treason charges, he had a fixed place of abode, the State had completed investigations, and he was a first offender.

Issues

  1. Whether an accused person charged with treason who has been remanded for more than 180 days before committal to the High Court retains the constitutional right to bail after committal.
  2. Whether the requirement to prove exceptional circumstances under section 15(3) of the Trial on Indictments Act applies where the constitutional right to bail under Article 23(6)(c) has already accrued.

Orders

  • Application for bail granted.
  • Applicant to execute a cash bond of UGX 5,000,000.
  • Three sureties (Bahati Sam, Munihira Daniel, Thembo Sibanza) approved, each to execute a non-cash bond of UGX 5,000,000.
  • Applicant to deposit passport No. B 0808079 with the Deputy Registrar Criminal Division.
  • Applicant to report to the Deputy Registrar Criminal Division on the 4th day of every calendar month with effect from 4 March 2013.

Rules and key headnotes

Bail — Constitutional Right to Bail — Accused Remanded Beyond 180 Days Before Committal
Where an accused person has been remanded in custody for more than 180 days before the case is committed to the High Court, that person is entitled to be released on bail under Article 23(6)(c) of the Constitution and the court has an obligation, not a discretion, to grant bail, with the court's discretion limited only to determining reasonable conditions.
Bail — Exceptional Circumstances — Treason Charges — Relationship with Constitutional Right
The requirement to prove exceptional circumstances under section 15(3) of the Trial on Indictments Act does not apply where the accused's constitutional right to bail under Article 23(6)(c) has already accrued by virtue of having been remanded for more than 180 days before committal.
Bail — Effect of Committal to High Court — Continuity of Constitutional Right
Bail does not automatically lapse upon committal to the High Court and an accused person whose constitutional right to bail has accrued under Article 23(6)(c) of the Constitution does not automatically lose that right upon committal.
Constitutional Interpretation — Article 23(6) — Exceptional Circumstances as Regulatory
The requirement of exceptional circumstances under section 15(3) of the Trial on Indictments Act is regulatory in nature and does not override the constitutional right to bail that has accrued under Article 23(6)(c).

Legislation cited (7)

Cases cited (4)

  • Uganda (DPP) v Col. (Rtd) Dr. Besigye (Constitutional Reference No. 20 of 2005)
  • Joseph Lusse v Uganda (1997) III KARL 58
  • Naiga Hellen v Uganda (Criminal Misc. Application No. 41 of 2012)
  • Hon. Sam Kutesa & others v AG & Uganda (Constitutional Petition No. 46 of 2011 and Constitutional Reference No. 54 of 2011)

Full judgment

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

Kinyambila v Uganda (Criminal Misc. Application No. 87 of 2012) [2013] UGHCCRD 3 (4 February 2013)
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.