[2004] UGHC 87

Parties

Procedural Posture

Miscellaneous Application / Ruling

Legal Issues

1. 1 Whether the applicant should be granted bail on grounds of grave illness under Section 15 of the Trial on Indictments Act.
2. 2 Whether the medical evidence presented meets the statutory requirements for certification of grave illness warranting bail.
3. 3 Whether the applicant's access to adequate medical treatment can be ensured while in custody.

Ratio Decidendi

The court found that the affidavit of Ms Achieng, though she is in charge of health at Mbarara Prison, does not satisfy the statutory requirement under Section 15 of the Trial on Indictments Act, which mandates certification of grave illness by a medical officer of the prison or place of detention. Dr. Luwala, as an external medical doctor, certified the applicant's illnesses as grave and requiring constant attention, but did not qualify as the statutory certifying authority. The court determined that the applicant's medical needs could be met by allowing him access to his personal doctor while in custody, and therefore, the exceptional circumstances for bail were not established. Instead...

Court Disposition

bail denied; access to personal doctor ordered

Orders

• Prison authorities are ordered to allow the applicant to summon and receive the services of his doctor without let or hindrance.
• No consideration of grant of bail is necessary given the above order.