Nyanzi v Uganda (Criminal Miscellaneous Application 194 of 2024)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Held that an accused person charged with aggravated robbery who has been remanded for over 180 days does not qualify for mandatory bail under Article 23(6)(c) once committed to the High Court for trial. The constitutional provision applies only before committal. Application dismissed.
Outcome
Applicant remains in custody pending trial in High Court Session Case No. 544 of 2021
Facts
The applicant was charged with aggravated robbery contrary to sections 285 and 286(2) of the Penal Code Act in 2021. He was remanded in custody and remained in detention without committal for over 180 days. He applied for mandatory bail under Article 23(6)(c) of the Constitution, claiming he had not been committed to the High Court. The court established from its case management system that the applicant had in fact been committed to the High Court on 10 November 2021 as High Court Session Case No. 544 of 2021.
Issues
- Whether the applicant qualifies for mandatory release on bail under Article 23(6)(c) of the Constitution where he has been committed to the High Court for trial.
Orders
- Application dismissed.
Rules and key headnotes
Legislation cited (9)
- Constitution of the Republic of Uganda Article 23(6)(a)
- Constitution of the Republic of Uganda Article 23(6)(c)
- Constitution of the Republic of Uganda Article 28(3)(a)
- Trial on Indictments Act s.14(1)
- Trial on Indictments Act s.15(1)(b)
- Constitution (Bail Guidelines for Courts of Judicature) (Practice) Directions 2022 Clause 10(1)
- Constitution (Bail Guidelines for Courts of Judicature) (Practice) Directions 2022 Clause 10(3)
- Penal Code Act s.285
- Penal Code Act s.286(2)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.