Wakilii

Meliserina Furaha v Uganda (Criminal Miscellaneous Application No. 066 of 2019)

High Court · [2020] UGHC 15 · 2020 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for bail pending trial on murder charge
Decision
Applicant denied bail and to remain in custody pending trial

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 by an accused person charged with murder. The court held that despite the constitutional right to apply for bail, the applicant failed to prove exceptional circumstances justifying release or that she would not abscond. The state alleged the applicant had fled to Tanzania for two years, and the court found that the gravity of the offence and surrounding circumstances warranted continued custody.

Outcome

Applicant denied bail and to remain in custody pending trial

Facts

The applicant was charged with the offence of murder, allegedly for killing her husband. The state alleged that she hired accomplices to commit the murder and had subsequently fled to Tanzania for two years. The applicant applied for bail, presenting two sureties and offering to provide her address of abode. She disputed the allegation that she had fled to Tanzania. The applicant submitted that she would not abscond if granted bail. The state objected to the application on grounds of the gravity of the offence and the alleged flight to Tanzania.

Issues

  1. Whether the applicant should be granted bail pending trial on a charge of murder.
  2. Whether the applicant proved exceptional circumstances justifying release on bail.
  3. Whether the applicant proved that she would not abscond if released on bail.

Orders

  • Application for bail dismissed.
  • Applicant to remain in custody until circumstances are favourable for her release.

Rules and key headnotes

Bail — Constitutional Right to Apply for Bail — All Categories of Accused Persons
The right to apply for bail is a constitutional right open to all categories of accused persons irrespective of the nature of the offence with which they are charged.
Bail — Offences Triable Only by High Court — Burden of Proof of Exceptional Circumstances
For offences triable only by the High Court, an accused person must prove to the satisfaction of the court that exceptional circumstances exist justifying release on bail and that he or she will not abscond when released on bail.
Bail — Exercise of Discretion — Factors to Consider
In exercising discretion on whether to grant bail, the court should consider the nature or gravity of the offence, the severity of the potential sentence, the antecedents of the applicant, whether the applicant has a fixed place of abode within the jurisdiction, the likelihood of interfering with prosecution witnesses, and whether the applicant has presented substantial sureties.

Legislation cited (8)

Cases cited (2)

  • Dr. Ismail Kalule & 3 Others v Uganda (Criminal Miscellaneous Applications Nos. 57, 58, 59 & 60 of 2010)
  • His Majesty Omusinga Mumbere Wesley v Uganda (Criminal Miscellaneous Application No. 75 of 2016)

Full judgment

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

Meliserina Furaha v Uganda (Criminal Miscellaneous Application No. 066 of 2019) [2020] UGHC 15 (24 January 2020)
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.