Wakilii

Nampejja Melon v Uganda (Criminal Miscellaneous Application No. 103 of 2019)

High Court · [2020] UGHC 19 · 2020 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for bail pending trial arising from High Court criminal case
Decision
Applicant denied bail and remanded in custody pending trial

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that bail was denied on two grounds: the sureties presented were not geographically close to the applicant and therefore could not effectively ensure her attendance; and the nature of the offence (kidnap with intent to murder) was grave and prevalent, requiring the court to protect society and avoid possible repetition of the offence.

Outcome

Applicant denied bail and remanded in custody pending trial

Facts

The applicant was charged with kidnap with intent to murder contrary to section 243 of the Penal Code Act. It was alleged that on 7 March 2018 at Kakika Cell, Mbarara District, the applicant and one Kangye Emmanuel kidnapped Atwebembera Justus with intent to murder him. The applicant applied for bail pending trial, arguing she was presumed innocent, had a constitutional right to bail, the offence was bailable, she had a fixed place of abode in Kyatoko Village within the court's jurisdiction, and she had substantial sureties. She presented three sureties: a maternal uncle, a maternal aunt, and a sister. The state opposed the application.

Issues

  1. Whether the applicant should be granted bail pending trial on a charge of kidnap with intent to murder.
  2. Whether the sureties presented were substantial and geographically proximate to the applicant.

Orders

  • Application for bail dismissed.
  • Applicant to remain in custody pending trial.

Rules and key headnotes

Bail — Suitability of Sureties — Geographical Proximity Requirement
Sureties presented in support of a bail application must be geographically close to the applicant to enable them to effectively police the applicant's movements and ensure attendance at trial; sureties who are not geographically proximate are not substantial sureties.
Bail — Nature of Offence — Grave and Prevalent Offences
The court may refuse bail where the offence charged is grave and currently prevalent in the country, as the court has a duty to protect society and avoid possible repetition of the offence.
Bail — Judicial Discretion
While persons accused of criminal offences have a constitutional right to apply for bail under Articles 23(6)(a) and 28(3) of the Constitution, the power to grant or refuse bail is entirely within the discretion of the court, which discretion must be exercised judicially.

Legislation cited (5)

Full judgment

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

Nampejja Melon v Uganda (Criminal Miscellaneous Application No. 103 of 2019) [2020] UGHC 19 (24 January 2020)
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.