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Arinaitwe v Uganda (Criminal Miscellaneous Application 173 of 2024) [2024] UGHCCRD 51 (6 June 2024)
- Citation
- [2024] UGHCCRD 51
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- HC: Criminal Division (Uganda)
- Panel
- Elubu, J
- Case number
- Criminal Miscellaneous Application 173 of 2024
- Language
- English
More details
- Court
- HC: Criminal Division (Uganda)
- Panel
- Elubu, J
- Case number
- Criminal Miscellaneous Application 173 of 2024
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the applicant, having already been committed to the High Court for trial in Session Case No. 525 of 2023, no longer qualified for mandatory bail under Article 23(6)(c) of the Constitution. The constitutional and guideline provisions on mandatory bail apply only to accused persons who have been on remand for 180 days without committal. Since committal had occurred, the applicant's continued detention was lawful, and the application for mandatory bail could not succeed. The application was therefore dismissed.
Court disposition
application dismissed
Orders
- The application for mandatory bail is dismissed.
02
Material facts
Parties
Arinaitwe Godson
ApplicantUganda
Respondent03
Procedural history
Posture
Criminal Miscellaneous Application / Ruling on Application for Mandatory Bail
04
Questions and positions
Legal issues
- 01
Whether the applicant qualifies for mandatory bail under Article 23(6)(c) of the Constitution after committal to the High Court.
- 02
Whether continued detention without committal entitles the applicant to mandatory bail.
Party arguments
- Applicant
- The applicant argued that he was charged with Aggravated Defilement and has been on remand since 11th May 2022 without committal, thus qualifying for mandatory bail under Article 23(6)(c) of the Constitution and the relevant Bail Guidelines.
- Respondent
- The respondent established through the court case management system that the applicant had already been committed to the High Court for trial under Session Case No. 525 of 2023, thereby disqualifying him from mandatory bail under the cited constitutional provision.
05
Court’s reasoning
Legal principles
- 01
Article 23(6)(c) of the Constitution of Uganda
A person charged with an offence triable only by the High Court who has been remanded for 180 days without committal is entitled to mandatory bail.
- 02
Clause 10(1) and 10(3) of The Constitution (Bail Guidelines for Courts of Judicature) (Practice) Directions 2022
Mandatory release on bail for offences triable by the High Court shall be granted only by the High Court, and only if the accused has not yet been committed for trial.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the applicant, having already been committed to the High Court for trial in Session Case No. 525 of 2023, no longer qualified for mandatory bail under Article 23(6)(c) of the Constitution. The constitutional and guideline provisions on mandatory bail apply only to accused persons who have been on remand for 180 days without committal. Since committal had occurred, the applicant's continued detention was lawful, and the application for mandatory bail could not succeed. The application was therefore dismissed.
Obiter and limits
- The provisions on mandatory bail are couched in mandatory terms but are subject to the procedural requirement that committal must not have occurred.
- Only the High Court may grant mandatory bail for offences triable exclusively by it.
Court disposition
application dismissed
- The application for mandatory bail is dismissed.
Source and reliance status
HC: Criminal Division (Uganda)
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
HC: Criminal Division (Uganda)
Judgment
THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA
CRIMINAL MISC. APPL. No. 173 of 2024
ARINAITWE GODSON
APPLICANT $\begin{smallmatrix}&&&&&&&1\\0&0&0&0&0&0&0&0&0&0&0&0&0&0&0&0&0&0&0$
Versus
UGANDA
RESPONDENT $\begin{smallmatrix}&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&$
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, Arinaitwe Godson, 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 charged with the offence of Aggravated Defilement contrary to Sections 129 (3) and (4) of the Penal Code Act. That he was remanded on the
11<sup>th</sup> of May 2022. That he has been in detention on remand without committal. On this basis the applicant seeks a mandatory release on bail.
It has however been established from the court case management information system that the applicant was committed to the High Court and his High Court Session Case No. 525 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 Aggravated Defilement contrary to Sections 129 $(3)$ and $(4)$ 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.
$\overline{2}$
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 High Court Session Case No. 525 of 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
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