Wakilii

Tumukunde v Uganda (Criminal Revision 14 of 2023)

High Court · [2023] UGHCCRD 190 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application by notice of motion to review and vary bail conditions granted by the High Court in the underlying treason prosecution
Decision
Bail conditions varied to permit temporary travel abroad for medical treatment with safeguards requiring surety reporting and passport return

Observed later treatment

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Holding

The High Court granted the application to vary bail conditions. The applicant, charged with treason and released on bail in 2020 with a condition to deposit his passport, demonstrated compliance with all previous bail conditions and established a material change in circumstances through medical evidence requiring treatment abroad. The court varied the bail conditions to permit release of the passport for medical travel, subject to conditions including monthly surety reporting during extended absence abroad and return of the passport within seven days of return to Uganda.

Outcome

Bail conditions varied to permit temporary travel abroad for medical treatment with safeguards requiring surety reporting and passport return

Facts

The applicant was charged with treason under section 23 of the Penal Code Act and granted bail on 11 May 2020. One condition of bail required him to deposit his passport with the Deputy Registrar, with provision that the passport could only be released on leave of court. The applicant complied with all bail conditions including depositing his passport. He subsequently needed to travel abroad for medical treatment as recommended by his doctors. Medical evidence showed he suffered from ailments that could not be adequately managed in Uganda. He is of advanced age (60 years and above) and had a doctor's appointment scheduled for 24 May 2023 at a cardiology specialist in San Antonio, Texas. The applicant applied to court by notice of motion to vary the bail conditions to permit release of his passport for medical travel. The state did not object to the medical travel but requested conditions for passport return.

Issues

  1. Whether the court should review and temporarily vary the bail conditions granted to the applicant on 11 May 2020.
  2. Whether the applicant should be granted his passport for purposes of temporary travel abroad for medical attention.

Orders

  • Application allowed and bail conditions varied.
  • Applicant bound in a sum of UGX 100,000,000 (not cash).
  • Three sureties retained: Stella Tumukunde, Hannington Karuhanga, and Mathew Rukikaire. Each bound in UGX 150,000,000 (not cash).
  • Sureties to report to court once a month in the applicant's absence if stay abroad exceeds one month.
  • Applicant to return passport to Deputy Registrar, Criminal Division, within seven days after return to Uganda.
  • Passport released to applicant on the above terms.

Rules and key headnotes

Bail — Review and Variation of Bail Conditions — Material Change in Circumstances
An accused person or prosecutor may apply to court to vary, review or set aside conditions of bail at any time after a bail ruling has been made, and the applicant bears the onus to show on a balance of probabilities a material change in circumstances that would make it unjust not to vary the order.
Bail — Variation of Bail Conditions — Factors for Court Consideration
In considering an application to vary bail conditions, the court must have regard to the seriousness of the charges, the character and antecedents of the accused, compliance with previous grants of bail, the alleged victim's attitude towards the variation, and whether there is a material change in circumstances.
Bail — Variation for Medical Treatment Abroad — Even in Serious Offences
Where an accused person charged with a serious offence such as treason has complied with all previous bail conditions and demonstrates through medical evidence a genuine need for treatment abroad that cannot be effectively managed locally, the court may vary bail conditions to permit temporary travel while imposing safeguards such as surety reporting requirements and conditions for passport return.

Legislation cited (9)

Cases cited (3)

  • Walubiri Godfrey v Uganda (Criminal Application No. 44 of 2012)
  • Col (Rtd) Dr Kizza Besigye v Uganda (Criminal Application No. 83 of 2016)
  • Uganda v Col (Rtd) Dr Kizza Besigye (Constitutional Reference No. 20 of 2005)

Full judgment

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

Tumukunde v Uganda (Criminal Revision 14 of 2023) [2023] UGHCCRD 190 (4 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.