Wakilii

Tegga v Uganda (Criminal Miscellaneous Application 27 of 2023)

High Court · [2023] UGHCCRD 27 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for bail pending trial on charge of aggravated defilement
Decision
Applicant released on bail pending 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 in custody for more than 180 days without being committed to the High Court for trial, Article 23(6)(c) of the Constitution mandates release on bail on reasonable conditions. The court has no discretion to refuse bail in such circumstances, only to determine reasonable terms. Application granted with cash deposit and non-cash sureties.

Outcome

Applicant released on bail pending trial

Facts

The applicant was charged with aggravated defilement contrary to sections 129(3) and (4) of the Penal Code Act on 18 August 2022. By the time of the application in April 2023, he had been on remand for eight months without being committed to the High Court for trial. The applicant had a fixed place of abode at Lugingi Village, Lugingi Parish, Kijjuna Sub County in Kasanda District. He produced two sureties, both adult residents of the same locality who understood their obligations. The prosecution did not oppose the application and left it to the court's discretion.

Issues

  1. Whether the applicant is entitled to bail under Article 23(6)(c) of the Constitution having been in custody for more than 180 days without being committed to the High Court for trial.
  2. What are reasonable bail conditions in the circumstances of this case.

Orders

  • Bail granted to the applicant.
  • Applicant to deposit Uganda Shillings 2,000,000 in cash in court.
  • Each of the two sureties bound in the sum of Uganda Shillings 30,000,000 not cash.
  • Applicant to report to the Assistant Registrar at Mubende court every 5th day of the month or on the next working day if the date falls on a weekend or public holiday.

Rules and key headnotes

Constitutional Law — Bail — Mandatory Release under Article 23(6)(c) — Offences Triable by High Court Only
Where an accused person has been in custody for 180 days on an offence triable by the High Court only and has not been committed to the High Court for trial, Article 23(6)(c) of the Constitution mandates release on bail on reasonable conditions and denies the court any discretion to refuse bail.
Criminal Law & Procedure — Bail — Judicial Discretion — Limitation under Article 23(6)(c)
Under Article 23(6)(c) of the Constitution, the court's role is restricted to determining what may be reasonable bail conditions given the peculiar circumstances of each case, and the court has no discretion to refuse bail where the statutory period has elapsed.
Human Rights — Right to Liberty — Presumption of Innocence — Bail Pending Trial
The right to apply for bail under Article 23(6)(a) of the Constitution is premised on the principle that an accused person is presumed innocent until he either pleads guilty or is found guilty after due process under Article 28(3)(a) of the Constitution.

Legislation cited (10)

Full judgment

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

Tegga v Uganda (Criminal Miscellaneous Application 27 of 2023) [2023] UGHCCRD 27 (5 April 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.