Musiime Alex alias Kadidi v Uganda (HCT-05-CR-MA-0004-2004)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Held that section 15 of the Trial on Indictments Act requires certification of grave illness by a medical officer of the prison or institution where the accused is detained, and no one else. The affidavit of a person in charge of health matters at the prison who is not a medical officer does not satisfy the statutory requirement. The court ordered prison authorities to allow the applicant access to his personal doctor and denied the bail application.
Outcome
Bail application dismissed with order for applicant to access medical services while on remand
Facts
The applicant Musiime Alex alias Kadidi had been on remand since 24 September 2003. He applied for bail under Article 23 of the Constitution, arguing that exceptional circumstances existed due to his grave illness, namely peptic ulcers and asthma. He relied on section 15 of the Trial on Indictments Act which provides for bail where an accused suffers from grave illness and cannot receive adequate medical treatment in custody. Two affidavits were filed: one by Ms Achieng, described as in charge of health matters at Mbarara Prison, and another by Dr. Luwala, the applicant's personal doctor since 1996, who certified that the applicant suffered from grave illness requiring constant medical attention which could not be provided in prison due to lack of ready access to the doctor.
Issues
- Whether the applicant qualified for bail on the ground of grave illness under section 15 of the Trial on Indictments Act.
- Whether a person other than a medical officer of the prison could certify grave illness for purposes of bail.
- Whether the applicant should be granted access to his personal doctor while on remand.
Orders
- Prison authorities ordered to allow the applicant to summon and receive the services of his personal doctor without let or hindrance.
- Application for bail dismissed.
Rules and key headnotes
Legislation cited (2)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.