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Omusugu & Anor v Uganda (Criminal Miscellaneous Application No.94 of 2015)

High Court · [2015] UGHCCRD 59 · 2015 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for bail pending trial in the High Court on charges of aggravated robbery
Decision
Applicants to remain in custody pending trial

Observed later treatment

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Holding

The High Court dismissed the bail application. The court held that under Article 23(6) of the Constitution, courts have discretion to grant or refuse bail. Exercising its discretion, the court found that given the serious nature of the charges (aggravated robbery involving UGX 11,000,000 and 50 grams of gold worth USD 3,500), the applicants' knowledge of the evidence against them, and their failure to rebut the respondent's affidavit in reply, the applicants were likely to abscond if granted bail. The court declined to grant bail in the interest of justice.

Outcome

Applicants to remain in custody pending trial

Facts

The applicants were charged with aggravated robbery involving UGX 11,000,000 and 50 grams of gold worth USD 3,500. They had been committed for trial in May 2013 but trial had not commenced by November 2015, a period of approximately two years. The applicants applied for bail under Article 23(6) of the Constitution and Section 14 of the Trial on Indictments Act, arguing they had been in custody for two years without trial, had young families dependent on them as sole breadwinners, and would be prejudiced if bail was denied. The respondent opposed the application, contending the applicants had not shown fixed places of abode, substantial sureties, or dependants with documentary proof, and had not demonstrated exceptional circumstances. The applicants did not file affidavits in rejoinder to rebut the respondent's reply.

Issues

  1. Whether the applicants should be granted bail pending trial in the High Court.
  2. Whether exceptional circumstances exist to warrant the grant of bail to the applicants.

Orders

  • Application dismissed.
  • Bail denied to the applicants.

Rules and key headnotes

Bail — Discretion of Court — Constitutional Right
Under Article 23(6) of the Constitution, courts have the discretion to grant or refuse bail pending trial.
Bail — Likelihood of Absconding — Factors to Consider
Where an applicant is charged with a serious offence involving substantial value, knows the evidence to be adduced against them, and fails to rebut the respondent's affidavit in reply showing lack of fixed abode and substantial sureties, the court may exercise its discretion to refuse bail on the ground that the applicant is likely to abscond.
Affidavit Evidence — Failure to Rebut — Presumption of Admission
When a party raises certain facts in an affidavit and the same is not rebutted in an affidavit in reply or rejoinder, it is presumed that the said facts were admitted by the opposite party.

Legislation cited (3)

Cases cited (2)

  • Uganda (DPP) v Col (Rtd) Dr Kiiza Besigye (Constitutional Reference No. 20 of 2005)
  • Foundation for Human Rights Initiative v Attorney General (Constitutional Petition No. 20 of 2006)

Full judgment

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

Omusugu & Anor v Uganda (Criminal Miscellaneous Application No.94 of 2015) [2015] UGHCCRD 59 (23 December 2015)
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.