[2007] UGHCCRD 3
The applicant proved he was of advanced age, which constitutes an exceptional circumstance under the Trial on Indictments Act. He presented substantial sureties and satisfied all statutory requirements for bail. The prosecution did not contest the evidence or present any reason to deny bail. The court exercised its...
Source-derived case information.
- Citation
- [2007] UGHCCRD 3
- Parties
- Applicant: Hon. Dr. Alex Kamugisha; Respondent: Uganda
- Court
- HC: Criminal Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- Criminal Misc. Cause No.94 of 2007
- Procedural Posture
- Criminal Miscellaneous Cause / Bail Application
- Outcome
- bail_granted
- Judges
- Mukiibi, J
- Legal Topics
- Bail Application, Abuse of Office, Exceptional Circumstances, Advanced Age, Sureties, Court Discretion
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Hon. Dr. Alex Kamugisha
Applicant
Uganda
Respondent
Procedural Posture
Criminal Miscellaneous Cause / Bail Application
Legal Issues
- 1 Whether the applicant is entitled to bail under the relevant statutory and constitutional provisions.
- 2 Whether advanced age constitutes an exceptional circumstance justifying grant of bail.
- 3 Whether the applicant has presented substantial sureties and satisfied other bail requirements.
Ratio Decidendi
The applicant proved he was of advanced age, which constitutes an exceptional circumstance under the Trial on Indictments Act. He presented substantial sureties and satisfied all statutory requirements for bail. The prosecution did not contest the evidence or present any reason to deny bail. The court exercised its discretion and found the applicant to be a fit and proper person for bail, granting it subject to specified conditions.
Court Disposition
bail_granted
Orders
- The applicant is to enter into a bond with the Registrar (Crime) in an amount of UGX 3,000,000 not cash, guaranteeing attendance at the Chief Magistrate’s Court.
- Each of the three sureties will enter into a bond with the Registrar (Crime) in an amount of UGX 5,000,000 not cash, guaranteeing the applicant's attendance.
Full Case Text
Judgment text and source record
30 paragraphs
**THE REPUBLIC OF UGANDA**
**IN THE HIGH COURT OF UGANDA AT KAMPALA**
**CRIMINAL MISC. CAUSE NO.94 OF 2007 (Arising from Criminal Case No.557 of 2007 at Buganda Road Chief**
**Magistrate’s Court)**
*9*
**BETWEEN**
**HON. DR. ALEX KAMUGISHA;;;;;;;;;;;;;;;; : APPLICANT/ACCUSED**
**VERSUS**
**UGANDA :::::::::::::::::::::::::::::: RESPONDENT/PROSECUTOR**
**RULING**
The Applicant is charged before the Chief Magistrate’s Court with Abuse of Office c/s 87(1) of the Penal Code Act. This offence is only bailable by this Court - see - S.75 (2) of the Magistrate’s Courts Act.
An application such as this one can be made under S.75(4) (b) of the same Act.
This application was made under Article 23 (6) (a) and (b) of the Constitution (1995); and the Trial on Indictments Act. Both Counsel in their submissions referred to SS.14(1) and S. 15(1), (3) and (4) of the TIA. The offence of Abuse of Office is provided for under S. 15(2) (d) of the TIA.
S. 15(1) gives this Court discretion in considering exceptional circumstances.
The Applicant in this case relied on advanced age as an exceptional circumstance under S. 15(3) ( c) of the TIA. To prove his advanced age the Applicant produced a copy of the 1st page of his Passport where it is stated that he was born on 10.7.1948. Counsel for the IGG Mr. Harrison Ahimbisibwe said that he had no comment on that evidence. This Court has repeatedly held that any age above 50 may be considered advanced age.
In Para. 5 of his affidavit, the Applicant deponed that he is aged 58 years.
I hold that the Applicant has proved sufficiently that he is of advanced age.
The Applicant deponed in his affidavit that he is married with a family of 10 children and other dependants. He has a fixed place of abode at Apollo Square in Entebbe. The Prosecution has not produced any evidence that he has ever jumped bail.
There are no other charges pending against him.
He has presented 3 Sureties, namely:
1. Hon. Professor Kasenene - a former Minister of State for Finance. 2. Hon. John Alimpa Kigyagi an MP for Mbarara Municipality. 3. Hon. Chris Baryomunsi - MP for Kinkizi East.
In my view these are substantial Sureties.
I hold that the Applicant has satisfied the requirements of S. 15(3) and (4) of the TIA.
He is a fit and proper person to grant bail.
I hereby grant him bail on the following conditions
1. The Applicant is to enter into a bond with the Registrar (Crime) in an amount of Shs.3 Million not cash, guaranteeing that he will duly attend the Chief Magistrate’s Court to answer the charge Preferred against him. 2. Each of the 3 Sureties presented to Court will also enter into a bond with the Registrar (Crime) in an amount of Shs.5 million Not cash guaranteeing that the Applicant will attend the Chief Magistrate’s Court to answer the charge against him. 3. The Applicant must surrender to the Registrar (Crime) his Passport. 4. The Applicant, after his release on bail, must report to the Registrar (Crime) twice every month: On the first Friday and on the last Friday of every month; 5. The Applicant should report to the Chief Magistrate’s Court Buganda Road at Kampala on the date next fixed for mention of his case.
Order accordingly.
Hon. Justice Moses Mukiibi
JUDGE
25.5.2007