Wakilii

Kizito v Uganda (Criminal Miscellaneous Application 5 of 2023)

High Court · [2023] UGHCCRD 50 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Bail application by accused charged with aggravated defilement and committed to High Court for trial
Decision
Applicant released on bail pending trial subject to conditions

Observed later treatment

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Holding

Held that the applicant charged with aggravated defilement is entitled to apply for bail under Article 23(6)(a) of the Constitution. The court has discretion to grant bail for capital offences depending on the circumstances. The applicant proved a fixed place of abode within the jurisdiction and provided substantial sureties. The court exercised its discretion to grant bail on conditions including a cash bond of UGX 2,000,000 and monthly reporting to the Registrar.

Outcome

Applicant released on bail pending trial subject to conditions

Facts

The applicant was charged with aggravated defilement contrary to section 129(3)(4)(c) of the Penal Code Act. He was remanded on 24 June 2022 and committed to the High Court for trial on 27 July 2022. No hearing date had been fixed by the time of the application. The applicant applied for bail under Articles 23(6)(a) and 28(3)(a) of the Constitution and section 14(1) of the Trial on Indictment Act. He provided three sureties and evidence of a fixed place of abode in Kumi District. The respondent was served but filed no reply.

Issues

  1. Whether the applicant charged with aggravated defilement should be released on bail pending trial.
  2. Whether the applicant has proved exceptional circumstances justifying release on bail for a capital offence.
  3. Whether the applicant has a fixed place of abode within the jurisdiction of the court.
  4. Whether the applicant has substantial sureties to ensure compliance with bail conditions.

Orders

  • Bail application granted.
  • Applicant to deposit a cash bond of UGX 2,000,000.
  • Applicant and each surety to provide recent photograph, telephone numbers and copies of national IDs to the Registrar and Chief Resident State Attorney, Soroti.
  • Each surety bound in the sum of UGX 2,000,000 (not cash).
  • Applicant to report to the Registrar once a month on the first Monday of each month with effect from 4 September 2023 until otherwise directed.

Rules and key headnotes

Bail — Capital Offences — Discretion to Grant
Capital offences including aggravated defilement are bailable under Article 23(6)(a) of the Constitution, but whether the court exercises its discretion to grant bail depends on the circumstances of each case.
Bail — Fixed Place of Abode — Proof
The essence of a fixed place of abode is traceability of an accused in the event of abscondment or whenever necessary. While the law does not define 'fixed place of abode', what is important is that the fixed place of abode must be within the jurisdiction of the court considering the bail application.
Bail — Sureties — Suitability and Substantiality
Minor discrepancies between residence details on national identity cards and current residence confirmed by Local Council chairpersons are not fatal to the consideration of grant of bail, as a person may have registered from one place but moved to another within the jurisdiction of the court.

Legislation cited (13)

Cases cited (1)

  • Uganda (DPP) v Col (RTD) Dr Kiiza Besigye (Constitutional Reference No. 20 of 2005)

Full judgment

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

Kizito v Uganda (Criminal Miscellaneous Application 5 of 2023) [2023] UGHCCRD 50 (23 August 2023)
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.