Wakilii

Nabyesero alias Kiiza v Uganda (Miscellaneous Criminal Application 26 of 2023)

High Court · [2023] UGHCCRD 26 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for bail pending trial on charges of aggravated robbery and murder
Decision
Applicant released on bail pending trial

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that where an accused person charged with offences triable only by the High Court has been in custody for more than 180 days without being committed to the High Court for trial, Article 23(6)(c) of the Constitution mandates release on bail on reasonable conditions. The court has no discretion to refuse bail but only to determine reasonable conditions. Bail granted with cash deposit and non-cash sureties.

Outcome

Applicant released on bail pending trial

Facts

The applicant was charged with aggravated robbery and murder on 4 May 2022. She applied for bail after spending twelve months on remand without being committed to the High Court for trial. The applicant is 37 years old and has a fixed place of abode at Kitanda Village, Makukulu Parish, Kiruma Sub-County in Mubende District. She produced two sureties who are adult relatives residing in the same locality. The prosecution did not oppose the application and left it to the court's discretion.

Issues

  1. Whether the applicant is entitled to bail under Article 23(6)(c) of the Constitution having been in custody for more than 180 days without being committed to the High Court for trial.
  2. What are reasonable bail conditions in the circumstances of this case.

Orders

  • Bail granted to the applicant.
  • The applicant shall deposit in court a sum of Uganda Shillings 3,000,000 in cash.
  • Each of the two sureties is bound in the sum of Uganda Shillings 30,000,000 not cash.
  • The applicant shall report to the Assistant Registrar at Mubende court every 5th day of the month or on the next working day if the date falls on a weekend or a public holiday.

Rules and key headnotes

Constitutional Law — Right to Bail — Mandatory Release After 180 Days
Where an accused person charged with offences triable only by the High Court has been in custody for 180 days without being committed to the High Court for trial, Article 23(6)(c) of the Constitution mandates release on bail on reasonable conditions and denies the court any discretion to refuse bail.
Criminal Law & Procedure — Bail — Presumption of Innocence
The court's discretion to grant or deny bail is premised on the principle that an accused person is presumed innocent until he or she either pleads guilty or is found guilty after due process under Article 28(3)(a) of the Constitution.
Criminal Law & Procedure — Bail — Suitability of Sureties
Sureties who are adult relatives of the applicant residing in the same locality, who fully understand their obligations, have no known antecedents, and produce documents of introduction are suitable for purposes of a bail application.

Legislation cited (12)

Full judgment

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

Nabyesero alias Kiiza v Uganda (Miscellaneous Criminal Application 26 of 2023) [2023] UGHCCRD 26 (5 April 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.