Wakilii

Mukisa v Uganda (Criminal Miscellaneous Application 5 of 2021)

High Court · [2023] UGHCCRD 38 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Bail application pending trial on aggravated defilement charge committed to High Court from Chief Magistrate's Court
Decision
Applicant released on bail pending trial subject to conditions

Observed later treatment

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Holding

Held that the applicant was entitled to bail pending trial. Though charged with aggravated defilement, the applicant had been on remand for 8 years with no trial date set. The court found he had a fixed place of abode within its jurisdiction and presented substantial sureties. The discretion to grant bail must be exercised judiciously considering all circumstances including lengthy pre-trial detention and presumption of innocence. Bail granted on condition of cash bond and monthly reporting.

Outcome

Applicant released on bail pending trial subject to conditions

Facts

The applicant was charged with aggravated defilement contrary to section 129(3)(4)(a) of the Penal Code Act and committed to High Court for trial from Mukono Chief Magistrate's Court. He had been on remand in Luzira Government Prison since 2015, approximately 8 years. The DPP had entered a nolle prosequi on 20 December 2018 but the applicant was re-arrested the same day and charged with the same offence. He remained in custody with no trial date set. The applicant applied for bail, presenting evidence of a fixed place of abode at Namumira-Anthony, Mukono Municipality, and three sureties. The prosecution opposed on grounds that the offence was grave, carried a maximum sentence of death, and the applicant might interfere with witnesses.

Issues

  1. Whether the Applicant is entitled to be granted bail.

Orders

  • Application allowed and bail granted.
  • The Applicant shall pay cash bond of UGX 4,000,000.
  • Each surety is bonded in the sum of UGX 8,000,000 (not cash).
  • The Applicant shall report to the Deputy Registrar of the High Court at Mukono once every month with effect from 1st September 2023 until disposal of the main criminal case.
  • Each party shall bear their own costs of this application.

Rules and key headnotes

Criminal Law & Procedure — Bail Pending Trial — Discretion to Grant Bail — Factors for Consideration
When an accused person applies for bail, the court retains discretion whether or not to grant bail, which discretion must be exercised judiciously. The court must consider the gravity and nature of the offence, the applicant's antecedents, possibility of substantial delay of trial, the applicant's age and physical and mental condition, likelihood of attendance at court, stage of proceedings, likelihood of committing offences or interfering with witnesses while on bail, safety of the applicant and community, whether the applicant has a fixed place of abode and sufficient sureties, previous compliance with bail terms, any other pending charges, and whether the offence involved violence.
Constitutional Law — Fundamental Rights — Right to Bail — Article 23(6) of the Constitution
Article 23(6)(a) of the Constitution provides that a person arrested in respect of a criminal offence is entitled to apply to court to be released on bail and the court may grant bail on such conditions as the court considers reasonable. A bail applicant must not be deprived of freedom unnecessarily or as mere punishment where guilt has not been proved by a competent court of law.
Criminal Law & Procedure — Bail Pending Trial — Suitability of Sureties — Supervisory Capacity
The effect of granting bail is not to set the defendant free but to release him from the custody of the law and entrust him to the custody of his sureties, who are bound to produce him to appear at trial at the specified time and place. Sureties must be substantial, capable of exercising supervisory power over the accused and compelling him to appear before court as required. Elder family members such as older siblings and in-laws may constitute substantial sureties where they are likely to have influence or control over the applicant.
Criminal Law & Procedure — Bail Pending Trial — Length of Pre-Trial Detention — Factor Favouring Bail
Where an accused person has been on remand for a substantial period (approximately 8 years) and it is uncertain when the criminal trial will be heard, this constitutes a factor favouring the grant of bail, notwithstanding that the offence charged is grave and carries a maximum sentence of death.

Legislation cited (5)

Cases cited (4)

  • Col. (Rtd) Dr. Kiiza Besigye v Uganda (Criminal Application No. 20 of 2016)
  • Panjur v Republic [1973] EA 282
  • Adriko Yunas v Uganda (High Court Miscellaneous Criminal Application No. 30 of 2016)
  • Foundation for Human Rights Initiative v Attorney General (Supreme Court Constitutional Appeal No. 3 of 2009)

Full judgment

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

Mukisa v Uganda (Criminal Miscellaneous Application 5 of 2021) [2023] UGHCCRD 38 (2 August 2023)
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.