Mugisha v Uganda (HCT – 01 – CR – CM – NO – 050 OF 2018)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The High Court granted bail to an applicant charged with rape. The court considered that the offence was bailable, the applicant had substantial sureties, a fixed place of abode, and family responsibilities. The state did not object. Applying the constitutional presumption of innocence under Article 28(3), the court found it fit and proper to grant bail with conditions including cash deposit and reporting requirements.

Outcome

Applicant released on bail pending trial

Facts

The applicant, Mugisha Ronald, was charged with rape and remanded awaiting trial. He applied to the High Court for bail, citing constitutional rights under Articles 23 and 28, and provisions of the Trial on Indictments Act. The applicant presented two sureties (Mutegeki Adolf and Kabasemera Hilda) and demonstrated he had a fixed place of abode, family responsibilities, and would abide by bail terms. The state prosecution raised no objection to the bail application.

Issues

1. Whether the applicant should be granted bail pending trial for the offence of rape.

Orders

• Bail application granted.
• Applicant to deposit a sum of UGX 500,000 cash in court.
• Each surety to execute a bond of UGX 1,000,000 not cash.
• Applicant to report to the Assistant Registrar of the court once per month until trial, starting on 22 February 2019.

Legislation cited (6)

• Constitution of Uganda 1995 Article 23
• Constitution of Uganda 1995 Article 28
• Constitution of Uganda 1995 Article 28(3)
• Trial on Indictments Act s.14
• Trial on Indictments Act s.15
• Judicature (Criminal Procedure) (Application) Rules Rule 2

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