Wakilii

Kiriba & 2 Others v Uganda (Criminal Miscellaneous Application 22 of 2024)

High Court · [2024] UGHC 789 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for bail pending appeal from High Court Criminal Appeal No. 25 of 2024, arising from conviction in Lugazi Criminal Case No. 52 of 2020
Decision
Applicants released on bail pending determination of their appeal on specified terms

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that applicants convicted of malicious damage to property and trespassing on burial grounds and sentenced to three years imprisonment are entitled to bail pending appeal where they have fixed places of abode, substantial sureties, complied with bail terms at trial, and the respondent concedes to the application, particularly where delay in determining the appeal may render it nugatory.

Outcome

Applicants released on bail pending determination of their appeal on specified terms

Facts

The three applicants were convicted in Lugazi Criminal Case No. 52 of 2020 on 28 November 2023 of malicious damage to property contrary to section 335(1) of the Penal Code Act and trespassing on burial grounds contrary to section 120 of the Penal Code Act. The trial court imposed a custodial sentence of two years on count one and one year on count two, with sentences to run consecutively, for a total of three years imprisonment at Lugazi Government Prison. The applicants filed a notice of appeal on 29 November 2023 and brought this application for bail pending appeal. All three applicants are residents of Namatovu Village, Najja Sub-County, Buikwe District. The applicants presented two substantial sureties each, all close family members. During the hearing, the respondent's counsel informed the court that the applicants and the complainant were in negotiations to settle the appeal amicably, which the complainant confirmed. The respondent conceded to the application.

Issues

  1. Whether the Applicants are entitled to be granted bail pending appeal.

Orders

  • Application for bail pending appeal granted.
  • Each Applicant to pay cash bond of UGX 2,000,000.
  • Each surety bonded in the sum of UGX 4,000,000 NOT CASH.
  • Each Applicant to report to the Deputy Registrar of the High Court at Mukono once every month with effect from 30 September 2024 until disposal of the appeal.
  • Each party to bear their own costs of this application.

Rules and key headnotes

Criminal Law & Procedure — Bail Pending Appeal — Presumption of Innocence Lost Upon Conviction
A person applying for bail pending appeal lacks the presumption of innocence normally available to a person seeking bail before trial, as the presumption of innocence ends when the accused is found guilty by an impartial court.
Criminal Law & Procedure — Bail Pending Appeal — Burden of Proof
While in a bail application pending trial the burden is on the prosecution to prove why the accused should not be released on bail, on appeal the onus shifts to the applicant who is a convict to show exceptional reasons why he or she should be released on bail pending appeal after conviction and sentence.
Criminal Law & Procedure — Bail Pending Appeal — Discretion of Court — Factors for Consideration
In considering an application for bail pending appeal under section 40(2) of the Criminal Procedure Code Act, the court shall consider the character of the applicant, whether the applicant is a first offender, whether the offence involved violence, whether the appeal has a reasonable possibility of success, the loss incurred by the complainant, the possibility of substantial delay in determination of the appeal, and whether the applicant complied with bail conditions at trial.
Criminal Law & Procedure — Bail Pending Appeal — Grant to Avoid Appeal Becoming Nugatory
Where delay in determining an appeal may result in the applicants serving the sentence before the appeal is heard, making the appeal an academic exercise or nugatory, the court may grant bail pending appeal to avoid the practical mischief of appellants serving a sentence only to succeed in the appeal.

Legislation cited (5)

Cases cited (5)

  • Umutoni Annet v Uganda (Court of Appeal Criminal Application No. 0341 of 2014)
  • Igamu Joanita v Uganda (Court of Appeal Criminal Application No. 107 of 2013)
  • Chimambhai v Republic [1971] EA 343
  • Raghbir Singh Lamba v R [1958] EA 337
  • Busiku Thomas v Uganda (Supreme Court Criminal Appeal No. 33 of 2011)

Full judgment

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

Kiriba & 2 Others v Uganda (Criminal Miscellaneous Application 22 of 2024) [2024] UGHC 789 (30 August 2024)
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.