Twebaze Drake v Uganda [2026] UGHCACD 22
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The applicant, remanded on a money laundering charge triable only by the High Court, applied for bail. The court held that the grant of bail is a discretionary exercise governed by the Trial on Indictments Act and the 2022 Bail Guidelines. It found the applicant had proved a fixed place of abode, produced substantial sureties capable of compelling his attendance, and had complied with bail conditions on his earlier release. Proof of exceptional circumstances such as advanced age or ill-health was not mandatory. Weighing these factors against the seriousness and alleged syndicated nature of the offences, the court granted bail on conditions.
Outcome
Bail granted on conditions, including a cash bond of UGX 30,000,000, deposit of the residence title and passport, and each surety executing a non-cash bond of UGX 100,000,000.
Facts
The applicant, Twebaze Drake, was the third accused in a criminal case before the Chief Magistrate's Court at Buganda Road. He was charged on 30 October 2025, pleaded not guilty, and was granted cash bail the same day, with which he complied, attending court for every mention. On 29 June 2026 the charge sheet was amended to add the offence of money laundering, which is triable only by the High Court. His bail was cancelled and he was remanded to Murchison Bay Prison, Luzira. He maintains a residence at Mpala, Wakiso District, where he lives with his wife and children on property valued at UGX 2,200,000,000. He is of advanced age and suffers persistent health complications, and his national identity card had expired but renewal was pending. He proposed four sureties, being his siblings and their spouses, resident in Wakiso District, each supported by introduction letters from Local Council Chairpersons. The State opposed bail, contending he faced nine counts, was a flight risk, and that his sureties were not substantial.
Issues
- Whether the applicant should be released on bail pending trial.
- Whether the applicant has a fixed place of abode within the jurisdiction of the Court.
- Whether the applicant produced sound and substantial sureties.
- Whether the applicant had previously failed to comply with bail conditions.
Orders
- The Applicant shall pay a cash bond of UGX 30,000,000.
- The Applicant shall deposit the certificate of title to his residence.
- The Applicant shall deposit his passport with the court.
- The Sureties shall each execute a non-cash bond of UGX 100,000,000.
Rules and key headnotes
Legislation cited (12)
- Constitution of Uganda 1995 art.23(6)(a)
- Constitution of Uganda 1995 art.23(6)(b)
- Constitution of Uganda 1995 art.28(3)(a)
- Trial on Indictments Act Cap. 25 s.15(1)
- Trial on Indictments Act Cap. 25 s.16(4)
- Anti-Money Laundering Act Cap. 118
- Constitution (Bail Guidelines for Courts of Judicature) (Practice) Directions 2022 Guideline 13
- Constitution (Bail Guidelines for Courts of Judicature) (Practice) Directions 2022 Guideline 14(2)
- Constitution (Bail Guidelines for Courts of Judicature) (Practice) Directions 2022 Guideline 4
- Constitution (Bail Guidelines for Courts of Judicature) (Practice) Directions 2022 Clause 12
- Constitution (Bail Guidelines for Courts of Judicature) (Practice) Directions 2022 clause 15(1)
- High Court (Anti-Corruption Division) (Case Management) Rules 2021 Clause 7
Cases cited (6)
- R v Board of Education [1990] 2 KB 165
- Hon Sam Kuteesa and Others v Attorney General (Constitutional Reference No. 46 of 2011)
- Nabiimara Doreen v Uganda (Miscellaneous Application No. 26 of 2026)
- Obam Andrew v Uganda (Miscellaneous Application No. 49 of 2025)
- Migisha Akleo v Uganda (Miscellaneous Application No. 36 of 2025)
- Foundation for Human Rights Initiative v Attorney General (Supreme Court Constitutional Appeal No. 3 of 2009)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.