Wakilii

Namujumbi alias Hanifa v Uganda (Criminal Miscellaneous Application 98 of 2022)

High Court · [2023] UGHC 87 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for bail pending trial in the High Court following committal from Chief Magistrate's Court on a charge of murder
Decision
Applicant released on bail pending trial on murder charge

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

Held that the constitutional right to bail under Article 23(6) of the Constitution applies to every person awaiting trial without exception. The court retains discretion to grant bail based on the circumstances of each case. Where an accused has been committed to the High Court, interference with investigations is no longer a relevant consideration. Bail was granted on condition of cash bond and non-cash sureties despite the gravity of the murder charge.

Outcome

Applicant released on bail pending trial on murder charge

Facts

The Applicant was arrested on 18 March 2022 and charged with murder on or about 7 April 2022 in the Chief Magistrate's Court at Goma. She was remanded to Luzira Prison. She remained in custody for over 180 days before being committed to the High Court for trial on 20 December 2022. The Applicant has a family with young children including a 2 years 8 months old baby in prison with her. The murder allegedly arose from a mob justice incident in Kiwango market where the deceased had been accused of stealing property. The Applicant applied for bail citing the lengthy remand period, her fixed place of abode, availability of substantial sureties, and the fact that she is a first-time offender.

Issues

  1. Whether the Applicant is entitled to be granted bail

Orders

  • Application for bail granted.
  • Applicant to pay cash bond of UGX 5,000,000.
  • Each surety bonded in the sum of UGX 10,000,000 (not cash).
  • Applicant to report to the Deputy Registrar of the High Court at Mukono once every month from 6 December 2023 until final disposal of the main criminal case.
  • Each party to bear their own costs of this application.

Rules and key headnotes

Constitutional Law — Personal Liberty — Right to Bail — Article 23(6) Constitution
The constitutional right to apply for bail under Article 23(6) of the Constitution applies to every person awaiting trial for a criminal offence without exception, irrespective of the class of criminal offence charged.
Criminal Law & Procedure — Bail — Court's Discretion — Gravity of Offence
The constitutional right to bail is not absolute. The court has discretion to grant or refuse bail based on what it considers reasonable, and this is a question of fact to be determined on a case-by-case basis. The gravity of the offence charged does not automatically preclude the grant of bail.
Criminal Law & Procedure — Bail — Sureties — Substantiality
The role of sureties is to release the accused from the custody of the law and entrust the accused to the custody of the sureties, who are bound to produce the accused at trial. The absence of land sale agreements or utility bills does not automatically disqualify sureties if they are permanent residents within the court's jurisdiction capable of prevailing over the accused to comply with bail conditions.
Criminal Law & Procedure — Bail — Interference with Investigation — Post-Committal
Where an accused has been committed to the High Court for trial, the claim that the accused will interfere with investigations is no longer a valid ground for refusing bail.

Legislation cited (5)

Cases cited (2)

  • Attorney General v Tumushabe [2008] EA 26
  • Aganyira Albert v Uganda (Criminal Miscellaneous Application No. 0071 of 2013)

Full judgment

↓ Download PDF

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

Namujumbi alias Hanifa v Uganda (Criminal Miscellaneous Application 98 of 2022) [2023] UGHC 87 (6 November 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.