Wakilii

Mivumbi Richard v Uganda (Criminal Misc. Application No. 29 of 2025)

High Court · [2025] UGHC 778 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for mandatory bail arising from committal to High Court on murder charge after exceeding 180 days on remand
Decision
Applicant 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

Held that an accused person charged with murder who was remanded in custody for 210 days before committal to the High Court, exceeding the 180-day threshold, is entitled to mandatory bail under Article 23(6)(c) of the Constitution. Once the 180-day period is established, the court must release the applicant on bail on such conditions as it considers reasonable, guided by the Constitution (Bail Guidelines for Courts of Judicature) (Practice Directions), 2022.

Outcome

Applicant released on bail pending trial subject to conditions

Facts

The applicant was one of three accused persons charged with the murder of Hakizimana Jackson on 10 May 2023, contrary to sections 171 and 172 of the Penal Code Act. He was charged and remanded in custody on 2 April 2024 before Kisoro Chief Magistrates Court. He was committed for trial to the High Court in November 2024, having spent 210 days on remand. At the time of the application, his trial had not commenced. The applicant presented three sureties and had a fixed place of abode at Gahiza Cell, Buhozi Parish, Busanza Sub-County, Kisoro district. The LC 2 Buhozi Parish confirmed the accused had no criminal record and a permanent residence. The complainant, Nizeyimana Godfrey, wrote stating the accused was not part of the crime and did not object to bail.

Issues

  1. Whether the applicant is entitled to mandatory bail under Article 23(6)(c) of the Constitution

Orders

  • Application for bail granted.
  • Applicant to deposit cash bail of UGX 3,000,000.
  • Each of the three sureties to execute a non-cash bond of UGX 6,000,000.
  • Applicant to report to the Assistant Registrar of the High Court every last Monday of the month beginning September 2025.

Rules and key headnotes

Bail — Mandatory Bail — Constitutional Right under Article 23(6)(c)
Where an accused person charged with an offence triable only by the High Court has been remanded in custody for more than 180 days before committal to the High Court, that person is entitled to mandatory bail under Article 23(6)(c) of the Constitution, and the court must release the accused on such conditions as it considers reasonable.
Fundamental Rights — Presumption of Innocence — Bail Applications
The right to bail is predicated on the constitutional presumption of innocence under Article 28(3)(a) of the Constitution, which provides that every person charged with a criminal offence shall be presumed innocent until proven guilty or until that person has pleaded guilty.
Bail — Conditions — Factors for Consideration
In determining conditions for bail, the court must consider factors set out in the Constitution (Bail Guidelines for Courts of Judicature) (Practice Directions), 2022, including gravity and nature of the offence, possibility of substantial delay in trial, likelihood of the applicant committing an offence on bail or interfering with witnesses, and safety of the applicant, community and complainants.

Legislation cited (7)

Full judgment

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

Mivumbi Richard v Uganda (Criminal Misc. Application No. 29 of 2025) [2025] UGHC 778 (26 August 2025)
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.