Wakilii

Twedede & Anor v Uganda (Consolidated Criminal Miscellaneous Application No. 0008 And 0009 of 2018)

High Court · [2019] UGHCCRD 22 · 2019 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Consolidated bail applications from two accused persons jointly charged with murder and committed to High Court for trial
Decision
First applicant released on bail with conditions; second applicant's application dismissed and he remains on remand

Observed later treatment

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Holding

In consolidated bail applications by two accused persons jointly charged with murder, the court granted bail to the first applicant who presented substantial sureties (wife, uncle, and brother) with confirmed addresses, but refused bail to the second applicant whose sureties were unsatisfactory — including a neighbor whose evidence was inconsistent and an alleged LCI vice chairperson who failed to produce identification.

Outcome

First applicant released on bail with conditions; second applicant's application dismissed and he remains on remand

Facts

Twedede Wilberforce and Maaka Bumali, both residents of Kiringa A, Nawangaiza Parish, Nawandala Sub County, Iganga District, were arrested on 25 January 2016 on allegations of murdering Kirunda Yowabu. They were charged with murder at Iganga Chief Magistrate's Court and committed to the High Court for trial on 14 July 2016. By the time of the hearing on 13 December 2018, both applicants had been on remand for over three years. Twedede presented as sureties his wife (Nangobi Teddy), brother (Biita Asuman), and uncle (Ngobi Kirunda), all peasants from the same locality. Maaka presented a purported LCI vice chairperson (Kalinaki Peter), a neighbor (Namutebi Resty), and a friend (Wakibi Ismail). The LCI A Kiringa confirmed the applicants' addresses of abode by letters dated 22 February 2019.

Issues

  1. Whether the first applicant, Twedede Wilberforce, should be granted bail pending trial on a charge of murder.
  2. Whether the second applicant, Maaka Bumali, should be granted bail pending trial on a charge of murder.

Orders

  • Application succeeds in respect of Twedede Wilberforce.
  • Twedede Wilberforce released on bail.
  • Cash bail of Shs. 3,000,000.
  • Non-cash bail against each surety of Shs. 10,000,000.
  • Twedede Wilberforce shall report to the Registrar of the High Court on the 10th day of each month with effect from 10th June 2019.
  • Any contravention of bail terms will result in automatic cancellation of bail.
  • Application in respect of Maaka Bumali dismissed.

Rules and key headnotes

Bail — Constitutional Right — Presumption of Innocence
The right to bail is guaranteed under Article 23(6)(a) of the Constitution and is founded on the presumption of innocence; persons charged with serious crimes like murder are not excluded from this right, as the primary purpose of bail is to ensure attendance at trial without the necessity of detention in custody.
Bail — Exercise of Discretion — Considerations
The power to grant or refuse bail under Sections 14 and 15 of the Trial on Indictments Act is at the discretion of the court; the main concern is whether the accused will abscond when released, requiring consideration of fixed place of abode and the adequacy of sureties.
Bail — Sureties — Requirements and Duties
Sureties must be persons of integrity and maturity who have close geographical and, where possible, blood proximity to the applicant; they are seen as members of the public who will police the applicant in their area of residence and ensure attendance at trial, and can be called upon in the event of absconding.
Bail — Sureties — Substantiality — Assessment
Bail will be granted where the applicant presents substantial sureties with close familial ties (wife, uncle, brother) and confirmed addresses, but will be refused where sureties lack credibility, present inconsistent evidence, or fail to prove their claimed status (such as an alleged LCI vice chairperson without documentation).

Legislation cited (9)

Cases cited (1)

  • Col. (Rtd) Dr. Kizza Besigye v Uganda (Criminal Application No. 83 of 2016)

Full judgment

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

Twedede & Anor v Uganda (Consolidated Criminal Miscellaneous Application No. 0008 And 0009 of 2018) [2019] UGHCCRD 22 (29 April 2019)
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.