[2024] UGHCCRD 35

[2024] UGHCCRD 35

The applicant has been on remand since 16th November 2022 for an offence triable by the High Court and more than 60 days have elapsed without trial commencing. The respondent did not contest this fact. Article 23(6)(b) of the Constitution and Rule 9 of the Bail Guidelines make it mandatory for the court to release...

Source-derived case information.

Citation
[2024] UGHCCRD 35
Parties
Applicant: Komakech Robert; Respondent: Uganda
Court
HC: Criminal Division (Uganda)
Jurisdiction
Uganda
Judgment Date
16 April 2024
Case Number
Miscellaneous Application 29 of 2024
Procedural Posture
Miscellaneous Application / Bail Application Ruling
Outcome
bail_granted
Judges
Muwata, J
Legal Topics
Bail Application, Remand Periods, Presumption of Innocence, Malicious Damage to Property
Source Language
english
Criminal Law Bail Application Remand Periods Presumption of Innocence Malicious Damage to Property

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Parties

Komakech Robert

Applicant

Uganda

Respondent

Procedural Posture

Miscellaneous Application / Bail Application Ruling

Legal Issues

  1. 1 Whether the applicant is entitled to bail under Article 23(6)(b) of the Constitution given the period spent on remand.
  2. 2 Whether the applicant is likely to abscond if granted bail.
  3. 3 What reasonable conditions should be imposed for bail.

Ratio Decidendi

The applicant has been on remand since 16th November 2022 for an offence triable by the High Court and more than 60 days have elapsed without trial commencing. The respondent did not contest this fact. Article 23(6)(b) of the Constitution and Rule 9 of the Bail Guidelines make it mandatory for the court to release such a person on bail, subject to reasonable conditions. The court is therefore obliged to grant bail, and the only discretion lies in determining the conditions for release. The applicant's fixed place of abode and substantial sureties further support the grant of bail. Accordingly, bail is granted with specified conditions.

Court Disposition

bail_granted

Orders

  • The applicant shall deposit a cash bail of UGX 1,000,000.
  • Each surety shall execute a non-cash bond of UGX 5,000,000.