Mukuyi Nicholas v Uganda [2026] UGHCCRD 22

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted bail to a 17-year-old juvenile applicant charged with murder who had been on remand for over five months. The court held that the applicant had exceeded the mandatory remand period of three months prescribed under section 136(5)(a) of the Children's Act for offences punishable by death. The court found substantial sureties in the applicant's biological parents and a fixed place of abode, satisfying the requirements under the Children's Act and constitutional bail guidelines for child offenders.

Outcome

Juvenile applicant released on bail pending trial with reporting conditions

Facts

Mukuyi Nicholas, a 17-year-old juvenile, was arrested and charged with murder contrary to sections 171 and 172 of the Penal Code Act and remanded at Naguru Remand Home. At the time of the bail application, he had spent 4 months and 20 days on remand and had not been committed for trial. His biological mother filed the application on his behalf, presenting substantial sureties including both biological parents who reside at Wabigalo Parish, Industrial View Zone, Makindye Division, Kampala. The applicant had no previous criminal record. The respondent opposed the application, arguing that the offence carried a maximum sentence of death, that the applicant was likely to abscond, and that no exceptional circumstances existed to warrant bail. Two sureties were presented at the hearing: the applicant's father, a UPDF reserve force member, and his mother, both resident within the court's jurisdiction.

Issues

1. Whether the juvenile applicant should be granted bail pending trial for the offence of murder.
2. Whether exceptional circumstances exist to warrant the grant of bail to a person charged with an offence punishable by death.
3. Whether the juvenile applicant had remained on remand beyond the mandatory period prescribed under the Children's Act.

Orders

• Bail application granted.
• The juvenile offender shall report to Makindye court on the 28th May 2026.
• The surety is bonded in the sum of UGX 5,000,000 (five million shillings) not cash.
• Upon committal, the juvenile offender shall report to the Deputy Registrar of this court on the 1st Monday of every month.

Rules and key headnotes

Legislation cited (16)

• Constitution of the Republic of Uganda Article 23(6)(a)
• Constitution of the Republic of Uganda Article 28(1)
• Constitution of the Republic of Uganda Article 28(3)(a)
• Trial on Indictment Act Cap 25 s.15
• Trial on Indictment Act Cap 25 s.16
• Trial on Indictment Act Cap 25 s.16(1)
• Trial on Indictment Act Cap 25 s.16(4)
• Children's Act Cap 62 s.135
• Children's Act Cap 62 s.136(5)(a)
• Penal Code Act Cap 128 s.171
• Penal Code Act Cap 128 s.172
• Criminal Procedure (Application) Rules SI 14-1 Rule 2
• Constitution (Bail Guidelines) For Courts of the Judicature (Practice) Directions No. 1/2022 Guideline 17
• Constitution (Bail Guidelines) For Courts of the Judicature (Practice) Directions No. 1/2022 Paragraph 6
• Constitution (Bail Guidelines) For Courts of the Judicature (Practice) Directions No. 1/2022 Paragraph 17(1)
• Constitution (Bail Guidelines) For Courts of the Judicature (Practice) Directions No. 1/2022 Paragraph 17(4)(a)

Cases cited (2)

• Uganda v Kiiza Besigye (Constitutional Reference No. 20 of 2005)
• Nalongo Nazziwa Josephine v Uganda (SCCCA No. 0035 of 2013)

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