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Odokonyero & 4 Others v Uganda (Criminal Miscellaneous Application 79 of 2023)

High Court · [2024] UGHC 565 · 2024 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for discretionary bail by five accused persons charged with murder in the High Court
Decision
Bail granted to third applicant on condition of cash bond and sureties; bail denied to first, second, fourth and fifth applicants pending imminent committal

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Holding

The High Court granted bail to the third applicant only, based on his advanced age of 78 years constituting exceptional circumstances under the Bail Guidelines. The court dismissed the bail applications for the first, second, fourth and fifth applicants, finding that prosecution enquiries were complete and committal was imminent, eliminating the risk of substantial delay of trial.

Outcome

Bail granted to third applicant on condition of cash bond and sureties; bail denied to first, second, fourth and fifth applicants pending imminent committal

Facts

Five applicants were charged with murder contrary to sections 188 and 189 of the Penal Code Act for allegedly unlawfully killing Akongo Betty on 20 September 2023 in Pader District. All applicants had been on remand at Kineni Government Prison since 6 October 2023, a period of five months and fourteen days at the time of the ruling. None had been committed to the High Court for trial or indicted. All applicants had fixed places of abode in Paibwor Parish, Ajan Sub County, Pader District and presented sureties. The third applicant was 78 years old. The prosecution indicated that enquiries were complete and committal was imminent.

Issues

  1. Whether the applicants should be granted discretionary bail pending committal and trial for murder.
  2. Whether the third applicant's advanced age constituted exceptional circumstances warranting grant of bail.
  3. Whether the sureties presented by the applicants were sufficient to secure their attendance at trial.

Orders

  • The 3rd Applicant (Lam Marino) is granted bail in view of exceptional circumstances proved being his advanced age of 78 years.
  • The 3rd Applicant shall execute a cash bond of Uganda Shillings Three Million (UGX 3,000,000).
  • The 3rd Applicant's sureties (Adiyo Christine and Ocitti George) shall each execute a non-cash bond of Uganda Shillings Five Million (UGX 5,000,000).
  • The 3rd Applicant shall report to the Chief Magistrate's Court, Pader every first Monday of the month beginning in April 2024.
  • The Application is dismissed in respect of the 1st, 2nd, 4th and 5th Applicants.

Rules and key headnotes

Bail — Discretionary Bail — Advanced Age as Exceptional Circumstance
Advanced age for purposes of exceptional circumstances justifying grant of bail is defined as sixty years and above under the Constitution (Bail Guidelines for Courts of Judicature) (Practice) Directions 2022. An applicant aged 78 years qualifies for consideration under exceptional circumstances warranting grant of discretionary bail.
Bail — Discretionary Bail — Sufficiency of Sureties
In assessing sufficiency of sureties, the court considers the surety's stature relative to the accused and their ability to compel the accused's attendance at court. A surety sharing a place of abode with the accused or having maturity and stature relative to the accused may be considered sufficient.
Bail — Discretionary Bail — Imminent Committal as Ground for Refusal
Where prosecution representations indicate that enquiries are complete and committal is imminent, thereby eliminating the possibility of substantial delay of trial, a court may decline to exercise its discretion to grant bail even where other requirements are satisfied.
Bail — Mandatory Bail — Period on Remand
A period of five months and fourteen days on remand falls short of the constitutional and statutory period of one hundred eighty days required to qualify for mandatory bail prior to committal, leaving the grant of bail to the judicious discretion of the court.
Bail — Capital Offences — Not Absolute Bar to Bail
The fact that an applicant is charged with murder, which is a capital offence carrying the maximum sentence of death, is not by itself a bar to release on bail if the applicant satisfies all the requirements for grant of bail.

Legislation cited (14)

Cases cited (4)

  • Serukwaya Stephen & Others v Uganda (Criminal Miscellaneous Application No. 19 of 2022)
  • Uwacu Busheshi Jeanne De Chantal & Another v Uganda (Criminal Miscellaneous Application No. 71 of 2022)
  • Kermundu Pastore v Uganda (Miscellaneous Criminal Application No. 21 of 2016)
  • Col. (Rtd) Dr. Kizza Besigye v Uganda (Criminal Miscellaneous Application No. 83 of 2021)

Full judgment

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

Odokonyero & 4 Others v Uganda (Criminal Miscellaneous Application 79 of 2023) [2024] UGHC 565 (21 March 2024)
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.