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Mpata v Uganda (Miscellaneous Application 4 of 1955)

High Court · [1996] UGHC 127 · 1996 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for bail by accused charged with murder in the High Court
Decision
Accused released on bail pending trial

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that an accused person aged 65 years, charged with murder, qualifies for bail on grounds of advanced age under Article 23(6)(c) of the Constitution of Uganda 1995. In Uganda, life expectancy is between 50 and 55 years, and the applicant's age of 65 is far above the ordinary age of an ordinary Ugandan. His physical appearance indicated he may not endure harsh prison conditions for long. The state did not oppose the application. Bail granted with conditions including cash deposit and monthly reporting.

Outcome

Accused released on bail pending trial

Facts

The applicant, Buniri Mpata, aged 65 years, was charged with two counts of murder contrary to section 183 of the Penal Code Act. He applied for bail under section 141 of the Trial on Indictments Decree. The police charge sheet recorded his age as 60 years. The state did not oppose the bail application. The court noted that Uganda's life expectancy is between 50 and 55 years, and the applicant's physical appearance indicated he might not endure harsh prison conditions for long due to his advanced age.

Issues

  1. Whether the applicant, aged 65 years and charged with murder, satisfied the conditions for release on bail on grounds of advanced age.

Orders

  • Application for bail granted.
  • Applicant to deposit cash of Shs. 300,000/= in court.
  • Sureties Christopher Balaba and Patrick Kambula each to sign a bond of Shs. 1,000,000/= not cash.
  • Applicant to report to the Chief Magistrate's Court Jinja once a month for extension of bail starting from 8/4/1996 until further legal order.
  • Failure to comply with any condition without reasonable explanation will result in automatic cancellation of bail.

Rules and key headnotes

Bail — Murder Charges — Advanced Age as Ground for Bail
A person charged with murder may be released on bail on grounds of advanced age under Article 23(6)(c) of the Constitution of Uganda 1995, where the accused is aged 65 years in a jurisdiction where life expectancy is between 50 and 55 years, and where the accused's physical appearance indicates inability to endure harsh prison conditions.
Constitutional Rights — Bail — Exceptions for Murder Charges
Article 23(6)(c) of the Constitution of Uganda 1995 provides that a person charged with murder may only be released on bail on grounds of grave sickness, infancy or advanced age, consent by the Director of Public Prosecutions, or where the accused has been on remand for over 12 months.

Legislation cited (3)

Full judgment

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

Mpata v Uganda (Miscellaneous Application 4 of 1955) [1996] UGHC 127 (6 March 1996)
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.