Wakilii

Mujuni Benard v Uganda (Criminal Miscellaneous Application No. 102 of 2019)

High Court · [2020] UGHC 18 · 2020 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for bail pending trial in a murder case
Decision
Applicant remains on remand at Kakiika Prison pending trial

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court declined to grant bail to an applicant charged with murder despite his three years on remand. While the constitutional right to apply for bail and presumption of innocence are paramount, the Court found that the gravity of the murder charge and unexplained circumstances surrounding the victim's death created a high possibility of absconding.

Outcome

Applicant remains on remand at Kakiika Prison pending trial

Facts

The applicant Mujuni Benard was charged with murder contrary to sections 188 and 189 of the Penal Code Act for allegedly murdering Bebwa Nathan on the night of 7th-8th April 2016 at Kibingo core PTC in Mbarara district. The applicant and a co-accused Ndyabahika Innocent were alleged to have committed the offence. The applicant was committed to the High Court on 24th October 2016 and had been on remand for three years at Kakiika Prison by the time of this application. He presented two sureties: his paternal grandfather and his biological brother, both from his locality. The state objected on grounds that the offence was grave in nature. The court noted unexplained circumstances surrounding the death of the victim who was the applicant's colleague at work and with whom he was the last person to be seen.

Issues

  1. Whether the applicant should be granted bail pending trial on a charge of murder.

Orders

  • Application for bail dismissed.
  • Applicant to remain on remand.

Rules and key headnotes

Constitutional Law — Right to Bail — Constitutional Entitlement
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.
Criminal Law & Procedure — Bail — Discretion in Murder Cases
For grave offences like murder which attract a maximum sentence of death, the court must consider the fear of conviction which may make absconding attractive, and may refuse bail despite the constitutional presumption of innocence where the gravity of the offence and unexplained circumstances create a high possibility of the accused jumping bail.
Criminal Law & Procedure — Bail — Factors in Exercise of Discretion
In determining a bail application, the court may consider the period spent on remand, the availability of a fixed place of abode, the quality of sureties, the gravity of the offence, and any unexplained circumstances surrounding the alleged offence.

Legislation cited (3)

Cases cited (2)

  • His Majesty Omusinga Mumbere Wesley v Uganda (Criminal Miscellaneous Application No. 75 of 2016)
  • Okello Augustine v Uganda (Criminal Miscellaneous Application No. 06 of 2012)

Full judgment

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

Mujuni Benard v Uganda (Criminal Miscellaneous Application No. 102 of 2019) [2020] UGHC 18 (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.