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Odongtoo & 6 Others v Uganda (Criminal Miscellaneous Application 46 of 2022)

High Court · [2024] UGHC 14 · 2024 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Omnibus application for bail by seven accused persons charged with murder, attempted murder, and assault occasioning actual bodily harm, committed to High Court awaiting trial
Decision
A4 Kidega Peter and A6 Otto Albert released on bail pending trial; remaining five applicants remanded in custody

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Holding

The High Court granted bail to two of seven applicants charged with murder and related offences. A4 Kidega Peter aged 66 and A6 Otto Albert aged 52 were granted bail on grounds of advanced age and ill-health respectively, having presented substantial sureties. The remaining five applicants were denied bail for failing to present exceptional circumstances, insufficient sureties, lack of National ID, or inability to prove compliance with bail guidelines. The court applied the 2022 Bail Guidelines defining advanced age as 60 years and above.

Outcome

A4 Kidega Peter and A6 Otto Albert released on bail pending trial; remaining five applicants remanded in custody

Facts

Seven applicants were charged with one count of murder contrary to sections 188 and 189 of the Penal Code Act, four counts of attempted murder, and three counts of assault occasioning actual bodily harm allegedly committed on 12 September 2021 at Alwii Ocega Village in Omoro District. The applicants had been committed to the High Court and awaited trial. The offences arose from a land dispute between the accused persons' families and the deceased's family. The prosecution opposed bail citing the gravity of charges, risk of witness interference, potential for violence between the two families, and that some applicants lacked proper identification documents. Each applicant sought bail on various grounds including fixed place of abode, substantial sureties, advanced age, ill-health, and completion of investigations.

Issues

  1. Whether the applicants met the requirements for grant of bail in capital offences.
  2. Whether the applicants presented exceptional circumstances justifying their release on bail.
  3. Whether the sureties presented were substantial and sufficient for bail purposes.
  4. Whether advanced age or ill-health constituted exceptional circumstances for bail in each applicant's case.

Orders

  • Application allowed in respect of A4 Kidega Peter and A6 Otto Albert only.
  • Application dismissed in respect of A1 Odongtoo Richard, A2 Okello Samuel, A3 Opiyo Nelson, A5 Ouma William alias Magezi, and A7 Ojok Samuel.
  • A4 Kidega Peter released on non-cash bail of shs. 10,000,000 with each of two sureties bonded in the sum of shs. 5,000,000 not cash.
  • A6 Otto Albert released on non-cash bail of shs. 10,000,000 with each of two sureties bonded in the sum of shs. 5,000,000 not cash.
  • A4 Kidega Peter and A6 Otto Albert to report to the Deputy Registrar once a month every last week of the month beginning February 2024.

Rules and key headnotes

Bail in Capital Offences — Advanced Age — Definition under 2022 Bail Guidelines
Advanced age as an exceptional circumstance for bail in capital offences is defined as sixty years and above under Guideline 4 of the Constitution (Bail Guidelines for Courts of Judicature) (Practice) Directions, 2022, superseding prior judicial interpretations that set the threshold at fifty years.
Bail — Requirement of Substantial Sureties in Capital Offences
An applicant for bail in a capital offence must present at least two substantial sureties in compliance with Guideline 13(1)(l) of the Bail Guidelines, and a single surety is insufficient regardless of other favourable circumstances.
Bail — National Identification Requirement — Traceability of Accused
Failure to present a National ID is fatal to a bail application in serious criminal cases because traceability of the accused would be difficult if required to report to court, and this requirement cannot be waived absent proof of efforts to replace a lost or destroyed ID.
Bail — Ill-Health as Exceptional Circumstance — Mental Disorder
Where an applicant suffers from a mental condition capable of being managed within prison medical facilities, release on bail is not justified unless specialized treatment unavailable in prison is required, and releasing the applicant may pose a risk to himself and the public.
Bail — Family Hardship — Not an Exceptional Circumstance
Hardship facing an applicant's family is not an exceptional and unusual factor for consideration in a bail application in serious criminal cases.
Bail — Combination of Advanced Age and Chronic Ill-Health
Where an applicant is of fairly advanced age (though below the 60-year threshold) and suffers from chronic ill-health that has not improved with prison treatment, the combination may constitute exceptional circumstances justifying bail if substantial sureties are presented.

Legislation cited (13)

Cases cited (6)

  • Foundation for Human Rights Initiative v Attorney General (Constitutional Appeal No. 3 of 2009)
  • Opiyo Charles alias Small v Uganda (Criminal Miscellaneous Application No. 26 of 2022)
  • Ojok Ceasar & 8 Others v Uganda (Criminal Miscellaneous Application No. 4 of 2023)
  • Attorney General v Joseph Tumushabe (Constitutional Appeal No. 3 of 2005)
  • Henry Bamutura v Uganda (Miscellaneous Application No. 19 of 2019)
  • Dominia Karanja v Republic (1986) KLR 612

Full judgment

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

Odongtoo & 6 Others v Uganda (Criminal Miscellaneous Application 46 of 2022) [2024] UGHC 14 (31 January 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.