[2024] UGHCCRD 53
The applicant was committed to the High Court for trial on 7th June 2023, as confirmed by the court record and database. Article 23(6)(c) of the Constitution provides for mandatory bail only if the accused has been on remand for 180 days before committal. Since the applicant has already been committed, he does not...
Source-derived case information.
- Citation
- [2024] UGHCCRD 53
- Parties
- Applicant: Luyima John Ivan; Respondent: Uganda
- Court
- HC: Criminal Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- Criminal Miscellaneous Application 184 of 2024
- Procedural Posture
- Criminal Miscellaneous Application / Ruling
- Outcome
- application dismissed
- Judges
- Elubu, J
- Legal Topics
- Bail Application, Mandatory Bail, Remand Periods, Trial on Indictments, High Court Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Luyima John Ivan
Applicant
Uganda
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the applicant qualifies for mandatory bail under Article 23(6)(c) of the Constitution of Uganda.
- 2 Whether committal to the High Court precludes mandatory bail for offences triable only by the High Court.
Ratio Decidendi
The applicant was committed to the High Court for trial on 7th June 2023, as confirmed by the court record and database. Article 23(6)(c) of the Constitution provides for mandatory bail only if the accused has been on remand for 180 days before committal. Since the applicant has already been committed, he does not qualify for mandatory bail. The provisions are mandatory and do not permit release after committal. Therefore, the application for mandatory bail fails and is dismissed.
Court Disposition
application dismissed
Orders
- The application for mandatory bail is dismissed.
Full Case Text
Judgment text and source record
24 paragraphs
### THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA
## CRIMINAL MISC. APPL. No. 184 of 2024 (High Court Session Case No. 268 OF 2023)
#### **LUYIMA JOHN IVAN**
**APPLICANT** $\cdots\cdots\cdots\cdots\cdots\cdots\cdots\\$
Versus
**UGANDA**
RESPONDENT . . . . . . . . . . . . . . . . . . .
# **BEFORE: HON. MR. JUSTICE MICHAEL ELUBU RULING**
This application is commenced under Articles 23 $(6)$ $(a)$ and 28 $(3)$ $(a)$ of the **Constitution of the Republic of Uganda;** Sections 14 (1) and 15 (1) (b) of the Trial on Indictments Act; and Clause 10 (1) of The Constitution (Bail Guidelines for **Courts of Judicature) (Practice) Directions 2022**
The applicant, **Luyima John Ivan**, seeks an order that he be released on mandatory bail.
The grounds on which the application is based are set out in the Notice of Motion and elaborated in affidavit sworn by the applicant.
He states that he was arrested on the 7<sup>th</sup> day of June 2022 and charged with the offence of Murder contrary to Sections 188 and 189 of the Penal Code Act. That he has been in detention on remand without committal. On this basis the applicant seeks a mandatory release on bail.
It has now been established from the court case management information system that the applicant was committed to the High Court vide High Court Session Case No. 268 of 2023.
#### **Determination**
This application is made on the premise that the applicant qualifies for mandatory bail. Because the applicant was charged with the offence of Murder c/s 188 and 189 of The PCA, which is only triable by the High Court, then the relevant provision of the Constitution is Article 23 (6) (c) which states that,
Where a person is arrested in respect of a criminal offence in the case of an offence triable only by the High Court, if that person has been remanded in custody for one hundred and eighty days before the case is committed to the High Court, that person shall be released on bail on such conditions as the court considers reasonable.
Clause 10 (1) of The Constitution (Bail Guidelines for Courts of Judicature) (Practice) Directions 2022 reproduces the above article of the constitution.
This Court notes that the provisions are couched in mandatory terms.
The procedural provision is Clause 10 (3) of the above Guidelines which stipulates,
For the avoidance of doubt, mandatory release on bail for offences triable by the High Court under Article 23 (6) (c) of the Constitution shall be granted only by the High Court.
$\mathbf{2}$
I have perused the court record and checked with the court case database, and established that indeed, the applicant has been committed to the high court for his trial. The matter was entered in the court database as No 268 of 2023. The entry shows that the applicant was committed to the High Court on the 7<sup>th</sup> of June 2023.
For release under Article 23 (6) (c) of the Constitution to be effected, the applicant should not have been committed to the High Court for trial. In view of the fact that he has now been committed, then he does not qualify for mandatory release on bail. For that reason, this application must fail and is dismissed.
**Michael Elubu** Judge 06.06.2024