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Luyima v Uganda (Criminal Miscellaneous Application 184 of 2024) [2024] UGHCCRD 53 (6 June 2024)
- Citation
- [2024] UGHCCRD 53
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- HC: Criminal Division (Uganda)
- Panel
- Elubu, J
- Case number
- Criminal Miscellaneous Application 184 of 2024
- Language
- English
More details
- Court
- HC: Criminal Division (Uganda)
- Panel
- Elubu, J
- Case number
- Criminal Miscellaneous Application 184 of 2024
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
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.
02
Material facts
Parties
Luyima John Ivan
ApplicantUganda
Respondent03
Procedural history
Posture
Criminal Miscellaneous Application / Ruling
04
Questions and positions
Legal issues
- 01
Whether the applicant qualifies for mandatory bail under Article 23(6)(c) of the Constitution of Uganda.
- 02
Whether committal to the High Court precludes mandatory bail for offences triable only by the High Court.
Party arguments
- Applicant
- The applicant contends that he was arrested on 7th June 2022 and charged with murder, and has been on remand without committal for over 180 days. He seeks mandatory release on bail under Article 23(6)(c) of the Constitution, arguing that the statutory period for mandatory bail has elapsed.
- Respondent
- The respondent relies on the fact that the applicant has now been committed to the High Court for trial, as evidenced by the court database entry for High Court Session Case No. 268 of 2023. The respondent submits that mandatory bail under Article 23(6)(c) is not available once committal has occurred.
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 before committal is entitled to mandatory bail.
- 02
Clause 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 under Article 23(6)(c) shall be granted only by the High Court.
06
Ratio, limits and disposition
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.
Obiter and limits
- Mandatory bail under Article 23(6)(c) is strictly limited to the period before committal to the High Court.
- The High Court is the only competent authority to 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. 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
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