Wakilii

Kizza and Others v Uganda (H.C.Miscellaneous Application 5 of 2023)

High Court · [2023] UGHCCRD 24 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for bail pending trial on murder charges
Decision
Applicants released on bail pending trial subject to conditions

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted bail to five applicants charged with murder who had been in detention since September 2022 without commitment for trial. The court found that three applicants satisfied the exceptional circumstances requirement through advanced age (above 50 years), and all applicants demonstrated fixed places of abode and substantial sureties. The court exercised its discretion under the Trial on Indictment Act, holding that the applicants were more likely to attend trial than abscond given their known residences and the authority their sureties exercised over them.

Outcome

Applicants released on bail pending trial subject to conditions

Facts

Five applicants were charged with murder and remanded in custody from 20 September 2022. They had not yet been committed to the High Court for trial. The first applicant was 54 years old and HIV positive with deteriorating health. The second applicant was 55 years old with deteriorating health due to prison conditions. The third applicant was of advanced age with diabetes and high blood pressure. All applicants had fixed places of abode in Serere District and presented substantial sureties who were relatives or friends from the same area. The respondent was served with the application but did not file a reply.

Issues

  1. Whether the applicants satisfied the conditions for release on bail pending trial for the offence of murder.
  2. Whether exceptional circumstances existed justifying the applicants' release on bail.
  3. Whether the applicants were likely to abscond if released on bail.

Orders

  • Bail granted to each of the five applicants.
  • Each applicant to pay cash bail of UGX 1,000,000.
  • Each surety bound in the sum of UGX 2,000,000 (not cash).
  • Each applicant to report to the Registrar of the Court once a month on the first Monday of each month with effect from 1 June 2023.
  • Any failure to observe bail terms shall render automatic cancellation of bail with arrest warrant issued and detention in custody until completion of trial.

Rules and key headnotes

Bail — Exceptional Circumstances — Advanced Age
For purposes of bail applications under section 15 of the Trial on Indictment Act, advanced age constituting an exceptional circumstance is any age above 50 years.
Bail — Discretion of Court — Factors to Consider
In determining whether an accused person charged with murder is likely to abscond if released on bail, the court may consider whether the accused has a fixed place of abode within the jurisdiction, whether the accused has sound sureties who exercise authority over the accused, and the absence of evidence that the accused previously failed to comply with bail conditions.
Presumption of Innocence — Bail Pending Trial
The constitutional presumption of innocence under Article 28(3)(a) applies even to persons charged with capital offences such as murder, and supports the exercise of the court's discretion to grant bail where the accused has not yet been committed for trial and there is no known trial date.

Legislation cited (8)

Cases cited (1)

  • Dr Alex Kamugisha v Uganda [2007] UGHCKD 3

Full judgment

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

Kizza and Others v Uganda (H.C.Miscellaneous Application 5 of 2023) [2023] UGHCCRD 24 (3 May 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.