Wakilii

Mungu & 2 Others v Uganda (Criminal Miscellaneous Application 16 of 2023)

High Court · [2024] UGHC 715 · 2024 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for bail pending trial in a case arising from committal to High Court on charges of aggravated robbery and attempted murder
Decision
Second applicant released on bail pending trial; first and third applicants to remain in custody with case fast-tracked for hearing

Observed later treatment

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Holding

The court held that the second applicant, Theko Martin, aged 73 years, satisfied the conditions for bail on grounds of advanced age under the Bail Guidelines, constituting exceptional circumstances. The first and third applicants failed to satisfy the court on sufficient grounds: they did not provide adequate evidence of fixed places of abode and presented only one surety each instead of the required minimum of two. Bail was granted only to the second applicant.

Outcome

Second applicant released on bail pending trial; first and third applicants to remain in custody with case fast-tracked for hearing

Facts

Three applicants charged with aggravated robbery and attempted murder were remanded in custody at Paidha Central Government Prison in July 2021 by the Chief Magistrate's Court of Nebbi and later committed to the High Court for trial. They applied for bail in September 2023 after more than two years in custody. The second applicant, Theko Martin, was 73 years old and presented medical evidence of chest pain, headache and prolonged weakness. The third applicant presented medical evidence of burning pain. The first applicant presented one surety instead of the required two. The third applicant also presented only one surety. The second applicant presented two sureties with proper identification and introduction letters. The State Attorney opposed the application on grounds that the first applicant was likely to interfere with witnesses and abscond.

Issues

  1. Whether the applicants satisfied all grounds to warrant grant of bail pending trial for charges of aggravated robbery and attempted murder.

Orders

  • Bail granted to the second applicant, Theko Martine, on grounds of advanced age.
  • Each surety to execute a non-cash bond of UGX 3,000,000.
  • The second applicant to report to the Deputy Registrar of the court on the 1st day of August 2024 and thereafter until further orders.
  • Bail application dismissed for the first and third applicants.
  • The Registrar directed to fast track and cause list the first and third applicants' case for hearing at the next criminal session.

Rules and key headnotes

Bail — Omnibus Applications — Requirement for Separate Applications
Bail applications should be made by each accused person separately even when they are jointly charged, with each applicant stating reasons peculiar to their individual circumstances.
Bail — Exceptional Circumstances — Advanced Age
Under the Bail Guidelines, advanced age is defined as persons of 60 years and above and constitutes an exceptional circumstance justifying release on bail under section 15 of the Trial on Indictments Act.
Bail — Fixed Place of Abode — Proof Required
An applicant for bail must prove a fixed place of abode by providing evidence including a national identity card and an introductory letter from the LC1 Chairperson of the area where the applicant resides; mere assertion in submissions without supporting documentation is insufficient.
Bail — Sureties — Minimum Requirement
An accused person applying for bail in both the High Court and Magistrate's Court must present at least a minimum of two sureties; this requirement cannot be dispensed with.
Bail — Medical Grounds — Certification from Prison Medical Officer
Where an applicant relies on illness as exceptional circumstances justifying bail, there must be certification from medical personnel of the prison confirming that the condition cannot be managed while in custody.

Legislation cited (13)

Cases cited (9)

  • Katebaraine Alfred & Komakech Ephraim v Uganda (Criminal Appeal No. 165 of 2019)
  • Aganyira Albert v Uganda (Criminal Miscellaneous Application No. 0071 of 2023)
  • Opiyo Charles Alias Small v Uganda (Criminal Miscellaneous Application No. 26 of 2022)
  • Ssendaula Eria v Uganda (Criminal Miscellaneous Application No. 9 of 2018)
  • Alipwasadi Matovu v Uganda (Miscellaneous Criminal Application No. 15 of 2005)
  • Col. (Rtd.) Dr. Kizza Besigye v Uganda (Criminal Application No. 83 of 2016)
  • Bongomin Richard v Uganda (Miscellaneous Application No. 0057 of 2008)
  • Mugyenyi Steven v Uganda (Criminal Miscellaneous Application No. 65 of 2004)
  • S v Bruintjies 2003 (2) SACR 575 at 577

Full judgment

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

Mungu & 2 Others v Uganda (Criminal Miscellaneous Application 16 of 2023) [2024] UGHC 715 (23 July 2024)
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.