Wakilii

Ssendagire Moses v Uganda (Criminal Miscellaneous Application No. 0693 of 2024)

High Court · [2025] UGHCCRD 56 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for mandatory bail from remand pending committal to High Court for murder trial
Decision
Applicant released on mandatory bail pending committal and trial

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that where an accused person charged with an offence triable only by the High Court has been remanded in custody for more than 180 days without committal, the court is constitutionally compelled to grant mandatory bail under Article 23(6)(c) of the Constitution. Application granted with conditions.

Outcome

Applicant released on mandatory bail pending committal and trial

Facts

The applicant was charged with murder contrary to sections 188 and 189 of the Penal Code Act. He was first arraigned before the Makindye Chief Magistrate's Court on 4th March 2025 and remanded to Upper Prison Luziro. As of the date of the ruling (30th October 2025), the applicant had been on remand for more than six months without being committed to the High Court for trial. The applicant applied for mandatory bail on the ground of delay in committal.

Issues

  1. Whether the applicant is entitled to mandatory bail under Article 23(6)(c) of the Constitution having been remanded for more than 180 days without committal to the High Court.

Orders

  • Application for mandatory bail granted.
  • Applicant to deposit cash UGX 1,000,000 in court.
  • Each surety to execute a non-cash bond of UGX 5,000,000.
  • Applicant to report to the Deputy Registrar of the High Court every last Monday of the month beginning 29th November 2025.
  • Applicant to also report to the Chief Magistrate's Court at Makindye.

Rules and key headnotes

Constitutional Law — Right to Bail — Mandatory Bail — Article 23(6)(c)
Where an accused person charged with an offence triable only by the High Court has been remanded in custody for 180 days or more without the case being committed to the High Court, that person is entitled to mandatory bail under Article 23(6)(c) of the Constitution, and the court is compelled to grant such bail on reasonable conditions.
Criminal Law & Procedure — Bail — Delay in Committal — Constitutional Threshold
The constitutional threshold of 180 days remand without committal for offences triable only by the High Court triggers an automatic entitlement to bail, and exceeding this period significantly compels the court to grant mandatory bail regardless of other considerations.

Legislation cited (6)

Full judgment

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

Ssendagire Moses v Uganda (Criminal Miscellaneous Application No. 0693 of 2024) [2025] UGHCCRD 56 (30 October 2025)
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.