[2023] UGHCCRD 38

[2023] UGHCCRD 38

The Applicant has been on remand for over 8 years without trial, which constitutes a substantial delay and potential miscarriage of justice. He has demonstrated a fixed place of abode within the jurisdiction, supported by documentary evidence, and presented two substantial sureties who are close family members and...

Source-derived case information.

Citation
[2023] UGHCCRD 38
Parties
Applicant: Mukisa Baker; Respondent: Uganda
Court
HC: Criminal Division (Uganda)
Jurisdiction
Uganda
Judgment Date
2 August 2023
Case Number
Criminal Miscellaneous Application 5 of 2021
Procedural Posture
Criminal Miscellaneous Application / Bail Application Pending Trial
Outcome
application_allowed
Judges
Nakachwa, J
Legal Topics
Bail Pending Trial, Aggravated Defilement, Presumption of Innocence, Fixed Place of Abode, Surety Requirements
Source Language
english
Criminal Law Bail Pending Trial Aggravated Defilement Presumption of Innocence Fixed Place of Abode Surety Requirements

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Parties

Mukisa Baker

Applicant

Uganda

Respondent

Procedural Posture

Criminal Miscellaneous Application / Bail Application Pending Trial

Legal Issues

  1. 1 Whether the Applicant is entitled to be granted bail pending trial.
  2. 2 Whether the Applicant has satisfied the legal requirements for bail under Ugandan law.
  3. 3 Whether the sureties presented are substantial and within the court's jurisdiction.

Ratio Decidendi

The Applicant has been on remand for over 8 years without trial, which constitutes a substantial delay and potential miscarriage of justice. He has demonstrated a fixed place of abode within the jurisdiction, supported by documentary evidence, and presented two substantial sureties who are close family members and older than the Applicant, thus likely to exercise supervisory power. The gravity of the offence and risk of absconding were considered, but the presumption of innocence and lack of previous criminal record weighed in favor of bail. The court found that the Applicant satisfied the legal requirements for bail under Article 23(6)(a) of the Constitution, Section 14(1) of the Trial...

Court Disposition

application_allowed

Orders

  • The Applicant shall pay a cash bond of UGX 4,000,000.
  • Each surety is bonded in the sum of UGX 8,000,000 (not cash).