Wakilii

Sakaari v Uganda (53 of 2021; Criminal Miscellaneous Application 51 of 2021)

High Court · [2023] UGHCCRD 40 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Consolidated applications for bail pending trial arising from committal to High Court on charges of aggravated defilement
Decision
Applicant released on bail pending trial on conditions specified by the court

Observed later treatment

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Holding

The High Court granted bail to an applicant charged with aggravated defilement, finding that he had established a fixed place of abode within the jurisdiction and presented substantial sureties. The court considered the applicant's advanced age and health condition but noted that proof of exceptional circumstances is no longer mandatory following Foundation for Human Rights Initiatives v Attorney General. Bail was granted on conditions including cash bond, non-cash surety bonds, and monthly reporting to the Deputy Registrar.

Outcome

Applicant released on bail pending trial on conditions specified by the court

Facts

The applicant, Sakaari Francis, aged 58 years, was charged with aggravated defilement under section 129 of the Penal Code Act in two criminal cases (Mukono Criminal Cases No. 206 and 207 of 2020). He was committed to the High Court for trial. The applicant claimed he was the sole breadwinner of his family, suffered from HIV/AIDS, and sustained injuries from mob beating upon arrest. He had been in custody since September 2020. He applied for bail, presenting evidence of a fixed place of residence at Seeta Nantabulirwa, Mukono District, and four sureties. The state opposed the application, arguing that the offence was grave, carrying a maximum sentence of death, and that the applicant was likely to abscond. The state also challenged the substantiality of the sureties.

Issues

  1. Whether the Applicant is entitled to be granted bail pending trial.

Orders

  • Applications No. 51 of 2021 and No. 53 of 2021 granted.
  • Applicant to pay cash bond of UGX 5,000,000.
  • Each surety bonded in the sum of UGX 10,000,000 (not cash).
  • Applicant to report to the Deputy Registrar of the High Court at Mukono once every month with effect from 30 August 2023 until disposal of the main criminal cases.
  • Each party to bear their own costs of the applications.

Rules and key headnotes

Bail — Constitutional Right to Apply for Bail — Discretionary Jurisdiction of Court
The right to apply for bail is guaranteed under Article 23(6) of the Constitution and is underpinned by the presumption of innocence under Article 28(3)(a). The High Court has discretionary jurisdiction to grant or refuse bail under section 14 of the Trial on Indictments Act and section 14 of the Judicature Act, but such discretion must be exercised judiciously.
Bail — Exceptional Circumstances — No Longer Mandatory Requirement
Following Foundation for Human Rights Initiatives v Attorney General, proof of exceptional circumstances by a bail applicant is no longer mandatory. However, where an applicant raises exceptional circumstances, they must be proved.
Bail — Factors to Consider — Likelihood of Absconding
In determining whether an accused is likely to abscond, the court must consider whether the accused has a fixed abode within the jurisdiction, whether the accused has sound sureties who can undertake to ensure compliance with bail conditions, whether the accused has previously failed to comply with bail conditions, and whether there are other pending charges against the accused.
Bail — Role and Function of Sureties
The effect of granting bail is not to set the defendant free, but to release him from the custody of the law and entrust him to the custody of his sureties. A surety who believes the principal is likely to break the condition as to his appearance may have him arrested by a constable. A contract to indemnify a surety against liability under his recognizance is illegal.

Legislation cited (8)

Cases cited (3)

  • Foundation for Human Rights Initiatives v Attorney General (Constitutional Petition No. 20 of 2006)
  • Kayongo Bashir v Uganda (High Court Miscellaneous Application No. 158 of 2019)
  • Kanyamunyu and 2 Others v Uganda (High Court Criminal Miscellaneous Application No. 0369 of 2016)

Full judgment

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

Sakaari v Uganda (53 of 2021; Criminal Miscellaneous Application 51 of 2021) [2023] UGHCCRD 40 (31 July 2023)
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.