Mubbale Edward v Uganda [2026] UGHCCRD 21
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The applicant, charged with aggravated robbery before the General Court Martial and held on remand at Luzira Upper Prison beyond 180 days without committal, applied to the High Court for bail pending trial under Article 23(6)(c) of the Constitution and sections 15 and 16 of the Trial on Indictments Act. At the hearing counsel informed the court that he was instructed to withdraw the application and that the applicant sought transfer back to Kitalya Mini Max Prison. The State did not oppose the withdrawal. The court accordingly recorded the withdrawal of the application and ordered the applicant's transfer back to Kitalya Mini Max Prison. No substantive determination was made on the merits of the bail application.
Outcome
Bail application withdrawn on the applicant's instructions; applicant ordered transferred back to Kitalya Mini Max Prison
Facts
The applicant was arrested and charged with aggravated robbery contrary to sections 266 and 267 of the Penal Code Act and arraigned before the General Court Martial in Criminal Case No. UPDF/GCM/043/2019. He was thereafter remanded at Luzira Upper Prison, where he had been held for over 180 days without being committed to the High Court for trial. He applied to the High Court (Criminal Division) by notice of motion, supported by his own affidavit, for release on bail pending trial, together with consequential directions regulating bail. When the application came up for hearing on 18 May 2026, counsel for the applicant informed the court that he had instructions from the applicant to withdraw the application, and the applicant prayed instead to be transferred back to Kitalya Mini Max Prison. The State, through the Senior State Attorney, did not oppose the withdrawal.
Issues
- Whether the applicant, having instructed counsel to withdraw his bail application, should be permitted to withdraw it and be transferred back to Kitalya Mini Max Prison.
Orders
- The application is hereby withdrawn.
- The applicant is ordered to be transferred back to Kitalya Mini Max Prison.
Rules and key headnotes
Legislation cited (10)
- Constitution of the Republic of Uganda 1995 art.23(6)(c)
- Constitution of the Republic of Uganda 1995 art.28(3)(a)
- Trial on Indictments Act Cap 25 s.15
- Trial on Indictments Act Cap 25 s.16
- Judicature (Criminal Procedure) Application Rules r.2
- Judicature (Criminal Procedure) Application Rules r.4
- Judicature (Bail Guidelines for Courts of Judicature) Practice Directions 2022 para.10
- Judicature (Bail Guidelines for Courts of Judicature) Practice Directions 2022 para.11
- Penal Code Act Cap 128 s.266
- Penal Code Act Cap 128 s.267
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.