Tenywa v Uganda (Misc.App.No.14 of 1995)
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.
AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.
Holding
The High Court granted bail to an applicant charged with defilement under section 123(1) of the Penal Code Act. The court found that special circumstances existed under section 14A of the Trial on Indictments Decree as amended, namely that the applicant suffered from heart failure which qualified as grave sickness. The State did not oppose the application. Bail was granted subject to conditions including cash deposit and monthly reporting requirements.
Outcome
Applicant released on bail subject to conditions pending trial on defilement charge
Facts
The applicant, Tenywa James, was charged with defilement contrary to section 123(1) of the Penal Code Act. He applied for bail by notice of motion dated 11 August 1995, supported by a joint affidavit sworn by Mugira John and Waiswa Patrick dated 31 July 1995. The main ground for the application was that the applicant suffered from high blood pressure resulting in heart failure. A medical report produced showed the applicant had suffered an attack of the heart in the form of palpitation for which he was being treated. The State did not oppose the release of the applicant on bail.
Issues
- Whether special circumstances exist to justify granting bail to an applicant charged with defilement under section 14A of the Trial on Indictments Decree.
Orders
- Application for bail granted.
- Applicant to deposit cash of 100,000/= with court.
- Two sureties (Sonsani Kalikumadi and Crispi John Mugira) to sign a bond of 200,000/= each (not cash).
- Applicant to report to the Chief Magistrate's Court at Jinja once a month for extension of bail starting from 30-11-95 until another lawful order to the contrary.
- Failure to adhere to conditions will result in cancellation of bail unless satisfactory explanation given.
Rules and key headnotes
Legislation cited (2)
- Penal Code Act s.123(1)
- Trial on Indictments Decree s.14A
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.