Wakilii

Ntale v Uganda (Criminal Misc. Application No. 20 of 2018)

High Court · [2019] UGHCCRD 24 · 2019 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for bail to the High Court on charge of aggravated defilement
Decision
Applicant released on bail pending trial subject to reporting conditions

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted bail to an applicant charged with aggravated defilement who had been on remand since February 2016. The court held that bail is a constitutional right founded on the presumption of innocence, and its purpose is to ensure the accused appears for trial without remaining in custody. The court was satisfied that the applicant had a fixed place of abode, two substantial sureties who were close relatives, and no previous convictions, and would therefore return to answer the charge.

Outcome

Applicant released on bail pending trial subject to reporting conditions

Facts

The applicant was arrested and charged with aggravated defilement on 11 February 2016 and committed for trial on 6 June 2016. He had been on remand for over three years without trial. The applicant applied for bail under Article 23(6)(a) of the Constitution and section 14 of the Trial on Indictments Act. A previous bail application had been denied due to lack of exceptional circumstances. The applicant resides at Matuba Village, Mayuge Parish, Imanyiro Sub County in Mayuge District. He presented three sureties: two close relatives and a teacher. The state objected on grounds that the charge was serious with a maximum penalty of death and there was a likelihood the applicant would abscond.

Issues

  1. Whether the applicant should be released on bail pending trial on a charge of aggravated defilement.

Orders

  • Application for bail granted.
  • Applicant released on cash bail of UGX 1,500,000.
  • Non-cash bail of UGX 3,000,000 against each of the two accepted sureties.
  • Applicant to report to the Registrar of the Court on the 2nd day of each month with effect from 2nd May 2019.
  • Third surety (Budhugo Kezekia) rejected.
  • Any contravention of the bail terms will result in automatic cancellation of bail.

Rules and key headnotes

Constitutional Law — Right to Bail — Presumption of Innocence — Article 23(6)(a)
The right to bail is guaranteed under Article 23(6)(a) of the Constitution and is founded on the principle that a person is presumed innocent until proven guilty by a competent court or until such person voluntarily pleads guilty to the charge.
Criminal Law & Procedure — Bail — Purpose of Bail
The purpose of bail is to ensure that the applicant appears to stand trial without the necessity of being detained in custody during the period of trial.
Criminal Law & Procedure — Bail — Factors for Granting Bail — Substantial Sureties
In determining whether to grant bail, the primary concern is whether the applicant will return to court to answer the charge if released. Close relatives who are substantial sureties and can prevail over the applicant to appear when required support the grant of bail.
Criminal Law & Procedure — Bail — Objection Based on Seriousness of Charge
An objection to bail based solely on the seriousness of the charge and the possibility that the accused will abscond to escape severe punishment is a mere allegation and cannot override the constitutional right to bail.

Legislation cited (4)

Cases cited (2)

  • Kizza Besigye v Uganda (Criminal Application No. 83 of 2016)
  • Uganda v Kizza Besigye (Constitutional Reference No. 20 of 2005)

Full judgment

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

Ntale v Uganda (Criminal Misc. Application No. 20 of 2018) [2019] UGHCCRD 24 (25 April 2019)
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.