Mbazira Farouk v Uganda (Criminal Miscellaneous Application 787 of 2025)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court dismissed an application for bail in a case of aggravated robbery, a capital offence. The applicant, who had been committed for trial, failed to demonstrate exceptional circumstances required by Section 16(3) of the Trial on Indictments Act. The court held that a fixed place of abode and substantial sureties, while relevant to assessing flight risk, do not constitute exceptional circumstances for discretionary bail in capital offences.
Outcome
Applicant remains in custody pending trial
Facts
The applicant, Mbazira Farouk, was charged with aggravated robbery, a capital offence. He had been committed for trial. He applied for bail under Article 23(6)(a) of the Constitution, arguing that he had a right to apply for bail and that the lack of a fixed timeframe for commencement of his trial infringed his right to a speedy trial under Article 28(1). The State opposed the application on the ground that the applicant had not demonstrated exceptional circumstances required for release on bail in a case involving an offence punishable by death. Investigations were complete and the applicant had been committed for trial.
Issues
- Whether the applicant demonstrated exceptional circumstances justifying release on bail for a capital offence under Section 16(3) of the Trial on Indictments Act.
Orders
- Application dismissed.
Rules and key headnotes
Legislation cited (4)
Cases cited (1)
- Uganda v Rtd. Col. Kiiza Besigye (Constitutional Reference No. 20 of 2005)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.