Ntananga v Uganda (Criminal Miscellaneous Application 53 of 2023)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Held that bail is granted where the alleged victim denies the rape and the complainant withdraws interest in prosecution. The court applied the principle from Massa v Achen that uncontroverted affidavit evidence is presumed accepted. Where key witnesses from the same family unequivocally seek withdrawal, continued detention becomes unjust despite the gravity of charges. The applicant demonstrated a fixed abode and produced sureties. The constitutional right to bail under Article 23(6) can be exercised at any stage of proceedings.
Outcome
Applicant released on bail pending trial subject to conditions
Facts
The applicant, aged 50, was arrested on 21 October 2020 and charged with rape contrary to sections 123 and 124 of the Penal Code Act. He had been in detention since 23 October 2020. The complainant, Kibuule Bernadette Ntananga, was the aunt of the alleged victim, Ntananga Jemima Anna Maria, who was the applicant's daughter. The complainant reported the case to Katwe Police Station on 21 October 2020 after finding the victim on the applicant's bed at around 7:30 pm. She had gone to collect his clothes for washing. The complainant assumed rape had occurred. Subsequently, both the complainant and the alleged victim swore affidavits stating the victim had not been raped, that she had consented to sexual intercourse with the applicant, and that the family wished to withdraw the matter and reconcile. The alleged victim stated she was 21 years old and had been forced by her aunt to claim rape when she had actually consented. The applicant produced two sureties and demonstrated a fixed place of abode.
Issues
- Whether the applicant should be released on bail pending trial for the offence of rape.
Orders
- Application for bail granted.
- Applicant bonded in the sum of UGX 2,000,000 cash.
- Each surety bonded in the sum of UGX 5,000,000 not cash.
- Applicant to report to the Registrar of the Court every first Monday of the month.
- Applicant not to leave the jurisdiction of the court without prior notification to the Registrar, Criminal Division.
Rules and key headnotes
Legislation cited (10)
- Constitution of the Republic of Uganda Article 23(6)(b)
- Trial on Indictments Act Cap 23 s.14(1)
- Trial on Indictments Act Cap 23 s.15(1)
- Trial on Indictments Act Cap 23 s.15(2)
- Trial on Indictments Act Cap 23 s.15(3)
- Trial on Indictments Act Cap 23 s.15(4)
- Constitution (Bail Guidelines for Courts of Judicature) (Practice) Directions 2022 Guideline 9
- Constitution (Bail Guidelines for Courts of Judicature) (Practice) Directions 2022 Guideline 10(1)
- Penal Code Act s.123
- Penal Code Act s.124
Cases cited (4)
- Uganda v Col (Rtd) Dr Kiiza Besigye (Constitutional Reference No. 20 of 2005)
- Hon Sam Kuteesa & Ors v Attorney General (Constitutional Reference No. 56 of 2011)
- R v Board of Education [1910] 2 KB 165
- Massa v Achen [1978] HCB 197
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.