Wakilii

Malole v Uganda (Criminal Miscellaneous Application 40 of 2022)

High Court · [2023] UGHCCRD 124 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for bail pending committal to High Court for trial on murder charges
Decision
Applicant released on bail with reporting conditions pending committal to High Court for trial

Observed later treatment

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Holding

Held that where an accused person charged with an offence triable by the High Court has been remanded in custody for over 180 days without committal, the Court must grant bail under Article 23(6)(c) of the Constitution. The use of the word 'shall' makes the grant of bail mandatory. The Court's discretion is limited to determining reasonable conditions of bail. Exceptional circumstances need not be proved once the 180-day period has lapsed.

Outcome

Applicant released on bail with reporting conditions pending committal to High Court for trial

Facts

The applicant was charged with two counts of murder and conspiracy to murder. He was remanded on 20 June 2022. By the time of the application hearing, he had been on remand for over 180 days without committal to the High Court for trial. The applicant submitted that he required surgery for blocked arteries in his right leg sustained in a workplace accident before his arrest, that he was the sole breadwinner for a family of six children and two elderly dependents, that he had no criminal record, and that he had a fixed place of abode at Kitintale Zone 7 where he had lived for 20 years. The applicant presented five sureties. The State opposed the application, contending that the applicant had not proved a fixed place of abode and that his medical condition was not grave. One surety was abandoned during rejoinder.

Issues

  1. Whether the applicant should be granted bail pending committal to the High Court for trial on murder charges.
  2. Whether the applicant had exceeded the mandatory 180-day remand period under Article 23(6)(c) of the Constitution.
  3. Whether the applicant had demonstrated a fixed place of abode.
  4. Whether the applicant's medical condition constituted grave illness warranting the grant of bail under Section 15 of the Trial on Indictments Act.

Orders

  • Application allowed.
  • The Applicant shall execute a cash bail deposit of UGX 1,500,000.
  • Each of the four sureties shall execute a non-cash bail of UGX 5,000,000.
  • The Applicant shall report to the LC I Chairman of Kitintale Zone 7, Mutungo Parish, Nakawa Division on a weekly basis.
  • The Applicant shall appear before the Deputy Registrar of the High Court at the end of every month for bail extension with evidence of reporting to the LC I Chairman.

Rules and key headnotes

Constitutional Law — Right to Bail — Mandatory Grant After 180 Days on Remand
Under Article 23(6)(c) of the Constitution, where an accused person charged with an offence triable by the High Court has been remanded in custody for 180 days before committal, that person shall be released on bail on such conditions as the Court considers reasonable. The use of the word 'shall' is imperative and mandatory, denoting an obligation on the Court to grant bail. The Court has no discretion to refuse bail; its discretion is limited to determining the conditions of bail.
Criminal Law & Procedure — Bail — Exceptional Circumstances Not Required After 180 Days
Once an accused person has been on remand for over 180 days without committal, the need to prove exceptional circumstances is superseded by the mandatory constitutional right to bail under Article 23(6)(c). The Court must grant bail regardless of the nature of the offence charged.
Criminal Law & Procedure — Bail — Fixed Place of Abode — Role of Sureties
Where two sureties are leaders of the area in which the applicant resides, they sufficiently aid the Court in tracing the applicant if the need arises, thereby satisfying the requirement of a fixed place of abode for the purposes of granting bail.

Legislation cited (10)

Cases cited (5)

  • Uganda v Kanyamunyu Matthew (Criminal Appeal No. 177 of 2017)
  • Mumbere Boniface v Uganda (Miscellaneous Application No. 87 of 2012)
  • Tumwekwase Owen v Uganda (Mbarara High Court Criminal Miscellaneous Application No. 57 of 2019)
  • Uganda v Rtd. Col. Dr. Kiiza Besigye (Constitutional Reference No. 20 of 2005)
  • Foundation for Human Rights Initiatives v Attorney General (Constitutional Petition No. 20 of 2006)

Full judgment

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

Malole v Uganda (Criminal Miscellaneous Application 40 of 2022) [2023] UGHCCRD 124 (5 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.