Nyanzi v Uganda (Criminal Miscellaneous Application 194 of 2024) [2024] UGHCCRD 52 (6 June 2024)

THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA

CRIMINAL MISC. APPL. No. 194 of 2024

NYANZI ISMA

APPLICANT $\begin{array}{cccccccccccccccccccccccc} \multicolumn{3}{c}{\textbf{000000000000000000000000000000000000$

Versus

UGANDA

RESPONDENT $\cdots \cdots \cdots \cdots \cdots \cdots \cdots \cdots \cdots \cdots$

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, Nyanzi Isma, 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 Robbery contrary to Sections 285 and 286 (2) of the Penal Code Act. That he was remanded 2021 and

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has remained in detention 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. 544 of 2021. The matter was entered in the system on the 10^th of November 2021.

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 Robbery contrary to Sections 285 and 286 (2) of the Penal Code Act, 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.

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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. 544 of 2021.

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