Sserubula v Uganda (Criminal Miscellaneous Application 320 of 2023)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

Held that where an accused person charged with an offence triable only by the High Court has been remanded in custody for one hundred and eighty days before the case is committed to the High Court, mandatory release on bail must be granted under Article 23(6)(c) of the Constitution. The applicant, charged with murder and remanded since February 2023, exceeded the 180-day threshold in August 2023 and qualified for mandatory bail. Application granted.

Outcome

Applicant released on mandatory bail pending trial

Facts

The applicant, aged 31, was detained at Natete Police Station on 22 January 2023 for over two weeks. On 9 February 2023, he was produced before Natete-Rubaga Court and charged with murder contrary to sections 188 and 189 of the Penal Code Act. He was remanded to Luzira Prison where he remained in custody. The applicant applied for mandatory bail under Article 23(6)(c) of the Constitution, stating he had been on remand for over 180 days without committal to the High Court. He provided three sureties with introduction letters and identity documents. The State opposed the application, arguing the applicant would abscond, had not proved a fixed place of abode, and would interfere with witnesses. The State claimed the applicant had been committed for trial but produced no record of committal proceedings.

Issues

1. Whether the applicant qualifies for mandatory release on bail under Article 23(6)(c) of the Constitution having been on remand for one hundred and eighty days before committal to the High Court.
2. Whether the sureties provided by the applicant are satisfactory.

Orders

• Application for mandatory release on bail granted.
• Applicant to execute a bond of UGX 1,000,000 (not cash).
• Each surety to be bonded in the sum of UGX 5,000,000 (not cash).
• Applicant to report to the Chief Magistrate of Natete-Rubaga Court every first Monday of the month.
• Applicant not to leave the jurisdiction of the Court without prior notification to the officer in charge of Natete Police Station.

Rules and key headnotes

Legislation cited (8)

• Constitution of the Republic of Uganda 1995 Article 23(6)
• Constitution of the Republic of Uganda 1995 Article 23(6)(c)
• Constitution of the Republic of Uganda 1995 Article 28(3)(a)
• Constitution of the Republic of Uganda 1995 Article 139(1)
• Criminal Procedure Code Act Cap. 116 s.40(2)
• Trial on Indictment Act Cap. 23 s.14
• Penal Code Act s.188
• Penal Code Act s.189

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