Rwabuhoro v Uganda (Criminal Application 21 of 2020)
Observed later treatment
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Holding
On an application for bail pending appeal, the single Justice held that grave illness can in itself constitute an exceptional circumstance justifying release. The applicant's documented diabetes mellitus complicated by chronic diabetic foot, severe hypertension and severe peripheral neuropathy — conditions very difficult to manage in prison — amounted to exceptional circumstances. The applicant's prior compliance with bail, good character as a first offender, and substantial sureties further supported release. The court rejected the prosecution's argument that double conviction by the High Court and Court of Appeal barred bail. Bail was granted on conditions and the cash payment ordered by the Court of Appeal was stayed pending final disposal of the appeal.
Outcome
Bail pending appeal granted on conditions; execution of the Court of Appeal's cash order stayed pending final disposal of the appeal
Facts
The applicant had been convicted of abuse of office, his conviction and sentence having been upheld by the Court of Appeal in consolidated appeals. He filed a notice of appeal to the Supreme Court and applied for bail pending its determination, together with a stay of execution of the Court of Appeal's orders. He relied on grave ill-health: a medical report from Murchison Bay Hospital recorded that he had suffered diabetes mellitus for over twelve years and was complicated by chronic diabetic foot, severe hypertension and severe peripheral neuropathy, conditions described as very difficult to manage in prison. He also relied on his advanced age, good character as a first offender, and the availability of two substantial sureties. The State opposed the application, contending there was no proof of exceptional circumstances and that the applicant, having been convicted by both the High Court and the Court of Appeal, posed a high risk of absconding. The record showed the applicant had been released on bail throughout the earlier proceedings and had never absconded.
Issues
- Whether the applicant established exceptional circumstances justifying his release on bail pending determination of his appeal.
- Whether execution of the Court of Appeal's orders should be stayed pending the appeal to the Supreme Court.
Orders
- Application granted.
- Applicant bound in the sum of Uganda shillings ten million (cash).
- Applicant not to leave the jurisdiction without leave of the Court; passport to be deposited with the Registrar of the Supreme Court until determination of the appeal.
- Each of the two sureties bound in the sum of UGX 20,000,000 (not cash).
- The cash ordered by the Court of Appeal as part of execution of sentence is stayed until final disposal of the appeal.
- Applicant to report to the Registrar of the Supreme Court on the last working day of every month, starting 30 April 2021, until determination of the appeal.
Rules and key headnotes
Legislation cited (4)
- Criminal Procedure Act s.40(2)
- Trial on Indictments Act Cap 23 s.132(4)
- Judicature Act (Supreme Court Rules) rule 6(2)(a)
- Judicature Act (Supreme Court Rules) rule 43
Cases cited (2)
- Sumbu Jean Louis v Uganda (Supreme Court Criminal Appeal No. 1 of 2019)
- Arvind Patel v Uganda (Supreme Court Criminal Application No. 1 of 2003)
Cases citing this judgment (1)
How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.