[2017] UGHCCRD 12

[2017] UGHCCRD 12

The court held that the High Court at Jinja retains jurisdiction to hear and determine a bail application for an accused charged with terrorism, even though such offences are triable by the International Crimes Division (ICD). The ICD Directions 2011 and ICD Rules 2016 are administrative and procedural in nature and do not oust the constitutional and statutory jurisdiction of the High Court to entertain bail applications at any stage, including before committal to the ICD. The applicant had not yet been committed to the ICD, and therefore, the procedural requirements specific to the ICD did not apply. To refer the bail application to the ICD at this stage would be prejudicial to the...

Citation
[2017] UGHCCRD 12
Parties
Applicant: His Majesty Omusinga Mumbere Charles Wesley; Respondent: Uganda
Court
HC: Criminal Division (Uganda)
Jurisdiction
Uganda
Judgment Date
12 January 2017
Case Number
Criminal Misc. Application No. 075 of 2016
Procedural Posture
Criminal Miscellaneous Application / Preliminary Objection to Jurisdiction in Bail Application
Outcome
preliminary objection overruled; bail application to proceed before High Court at Jinja
Judges
Luswata, J
Legal Topics
Bail Application, Jurisdiction of High Court, International Crimes Division, Anti Terrorism Act, Constitutional Rights, Pre Committal Procedure
Source Language
English
Criminal Law Civil Procedure Bail Application Jurisdiction of High Court International Crimes Division Anti Terrorism Act Constitutional Rights Pre Committal Procedure

Case Brief

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Parties

His Majesty Omusinga Mumbere Charles Wesley

Applicant

Uganda

Respondent

Procedural Posture

Criminal Miscellaneous Application / Preliminary Objection to Jurisdiction in Bail Application

Legal Issues

  1. 1 Whether the High Court at Jinja has jurisdiction to hear a bail application for an accused charged with terrorism before committal to the International Crimes Division (ICD).
  2. 2 Whether the ICD Directions 2011 and ICD Rules 2016 oust the inherent jurisdiction of the High Court to entertain bail applications for offences triable by the ICD.
  3. 3 Whether the applicant's constitutional right to apply for bail would be prejudiced by referring the application to the ICD.

Ratio Decidendi

The court held that the High Court at Jinja retains jurisdiction to hear and determine a bail application for an accused charged with terrorism, even though such offences are triable by the International Crimes Division (ICD). The ICD Directions 2011 and ICD Rules 2016 are administrative and procedural in nature and do not oust the constitutional and statutory jurisdiction of the High Court to entertain bail applications at any stage, including before committal to the ICD. The applicant had not yet been committed to the ICD, and therefore, the procedural requirements specific to the ICD did not apply. To refer the bail application to the ICD at this stage would be prejudicial to the...

Court Disposition

preliminary objection overruled; bail application to proceed before High Court at Jinja

Orders

  • The preliminary objection raised by the respondent is overruled.
  • The bail application may proceed to hearing before the High Court at Jinja.