[2020] UGSC 38

[2020] UGSC 38

The Supreme Court, per Dr. Esther Kitimbo Kisaakye JSC, held that there is no constitutional or valid legal basis for granting bail to a person who has already been convicted of a criminal offence. The Court reaffirmed its previous position in Magombe Joshua v Uganda that Rule 6(2)(b) of the Supreme Court Rules is void for inconsistency with the Constitution, and that the precedent set in Arvind Patel v Uganda was wrongly decided. The applicant's submissions based on discretionary bail powers and previous bail grants to co-convicts were found to lack merit. Consequently, the application for bail pending appeal was denied, and the applicant was ordered to continue serving her sentence.

Citation
[2020] UGSC 38
Parties
Applicant: Irene Kauma; Respondent: Uganda
Court
Supreme Court of Uganda
Jurisdiction
Uganda
Judgment Date
14 October 2020
Procedural Posture
Miscellaneous Application / Ruling on Bail Pending Appeal
Outcome
application dismissed
Judges
Kisaakye, JSC
Legal Topics
Bail Pending Appeal, Conviction and Sentence, Constitutional Rights, Judicial Discretion
Source Language
English
Criminal Law Civil Procedure Bail Pending Appeal Conviction and Sentence Constitutional Rights Judicial Discretion

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Parties

Irene Kauma

Applicant

Uganda

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Bail Pending Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to bail pending the hearing and determination of her criminal appeal.
  2. 2 Whether the Supreme Court has constitutional and legal authority to grant bail to a convicted person pending appeal.
  3. 3 Whether the applicant's circumstances satisfy the criteria for bail pending appeal as set out in previous case law.

Ratio Decidendi

The Supreme Court, per Dr. Esther Kitimbo Kisaakye JSC, held that there is no constitutional or valid legal basis for granting bail to a person who has already been convicted of a criminal offence. The Court reaffirmed its previous position in Magombe Joshua v Uganda that Rule 6(2)(b) of the Supreme Court Rules is void for inconsistency with the Constitution, and that the precedent set in Arvind Patel v Uganda was wrongly decided. The applicant's submissions based on discretionary bail powers and previous bail grants to co-convicts were found to lack merit. Consequently, the application for bail pending appeal was denied, and the applicant was ordered to continue serving her sentence.

Court Disposition

application dismissed

Orders

  • The application for bail pending appeal is denied.
  • The applicant shall continue serving her sentence.