Wakilii

Mutesi v Uganda (Criminal Miscellaneous Application No. 57 of 2020)

High Court · [2022] UGHC 78 · 2022 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for bail pending trial arising from committal to High Court on charge of aggravated torture
Decision
Applicant released on bail pending trial subject to conditions

Observed later treatment

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Holding

The High Court granted bail to an applicant charged with aggravated torture who had been on remand for approximately four years without trial. The court held that the constitutional right to bail and the presumption of innocence prevail over allegations of gravity of offence and fears of abscondment. The requirement to prove exceptional circumstances before granting bail was set aside by the Court of Appeal in Foundation for Human Rights Initiative v Attorney General. Substantial sureties and a fixed place of abode satisfied the conditions for bail.

Outcome

Applicant released on bail pending trial subject to conditions

Facts

The applicant was arrested in March 2018 and charged with aggravated torture. She was produced before the Grade 1 Magistrate's Court at Njeru on 14 November 2018, which committed her to the High Court for trial. She was remanded to Kirinya Prison in Jinja where she remained for approximately four years without formal trial. The applicant had a fixed place of abode at Ntinda Zone, Njeru West Ward, Njeru Municipality in Buikwe District. She presented three substantial sureties: her husband, father, and mother, all with verified identities and addresses. The prosecution opposed bail on grounds that the offence was grave, carried a maximum sentence of life imprisonment, and that the applicant might abscond or interfere with witnesses (the victim being her step-child).

Issues

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

Orders

  • Application for bail allowed.
  • Applicant to pay cash bail of UGX 2,500,000.
  • Each surety bonded in the sum of UGX 5,000,000 (not cash).
  • Applicant to report to the Deputy Registrar of the High Court at Mukono once every month from 9 September 2022 until disposal of the criminal case.
  • Each party to bear their own costs.

Rules and key headnotes

Constitutional Law — Right to Bail — Article 23(6) of the Constitution — Discretion of Court
The right to apply for bail is enshrined in Article 23(6) of the Constitution, and where a person is arrested in respect of a criminal offence, that person is entitled to apply to the court to be released on bail, and the court may grant bail on such conditions as it considers reasonable.
Human Rights — Personal Liberty — Presumption of Innocence — Bail Pending Trial
Liberty is the very essence of freedom and democracy, and the liberty of one must never be curtailed lightly, wantonly or arbitrarily. Courts should be extremely wary of refusing bail except for good cause, as they have a duty to jealously and courageously guard and defend the rights of all.
Criminal Law & Procedure — Bail — Gravity of Offence — Presumption of Innocence
An accused person is presumed innocent until proved guilty, and it is not right to act on fears and allegations of the possibility of abscondment when considering bail. Courts should not simply act on allegations, fears or suspicions, as this would mean no occasion when bail would be granted whenever such allegations are made.
Criminal Law & Procedure — Bail — Exceptional Circumstances — Requirement Set Aside
The requirement for exceptional circumstances to be proved before a person is granted bail pending trial has been set aside by the Court of Appeal in Foundation for Human Rights Initiative v Attorney General.

Legislation cited (8)

  • Constitution of the Republic of Uganda 1995 (as amended) Article 23(6)(a)
  • Constitution of the Republic of Uganda 1995 (as amended) Article 23(6)(b)
  • Constitution of the Republic of Uganda 1995 (as amended) Article 23(6)(c)
  • Constitution of the Republic of Uganda 1995 (as amended) Article 28(3)
  • Trial on Indictments Act Cap. 23 s.14
  • Trial on Indictments Act Cap. 23 s.15
  • Judicature (Criminal Procedure) Applications Rules S.I. No. 13-8 Rule 2
  • Prevention & Prohibition of Torture Act 2012 (Act No. 3 of 2012) s.5

Cases cited (3)

  • Col. (Rtd.) Dr. Kiiza Besigye v Uganda (Criminal Miscellaneous Application No. 228 of 2005 and Criminal Miscellaneous Application No. 229 of 2005)
  • Panjur v Republic [1973] EA 282
  • Foundation for Human Rights Initiative v Attorney General (Constitutional Petition No. 20 of 2006)

Full judgment

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

Mutesi v Uganda (Criminal Miscellaneous Application No. 57 of 2020) [2022] UGHC 78 (9 August 2022)
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.