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10 Mar 2020

Criminal Law [2020] UGCA 2038

Kamuhanda Moses Kule v Uganda

Kamuhanda Moses Kule v Uganda (Criminal Application No. 154 of 2019) [2020] UGCA 2038 (10 March 2020)

Court: Court of Appeal of Uganda
Case number: Criminal Application No. 154 of 2019
Judge: Kasule, JA

The court held that the applicant failed to demonstrate any exceptional circumstances or unusual reasons to justify release on bail pending appeal. The absence of proof regarding the irretrievability of trial records, the mere existence of a fixed place of abode, and the presentation of sureties—who are close relatives—do not constitute exceptional grounds. The court found no basis to exercise its discretion in favor of granting bail, especially given the seriousness of the offences and the lengthy sentence imposed. The application was accordingly dismissed.

Source excerpt

Bail Pending Appeal
Exceptional Circumstances
Presumption Of Innocence
Sureties
Absconding Risk

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31 May 2007

Criminal Law [2007] UGHCCRD 1

Muhwezi v I.G.G

Muhwezi v I.G.G (Criminal Misc. Application No.Loo of 2007) [2007] UGHCCRD 1 (31 May 2007)

Court: HC: Criminal Division (Uganda)
Case number: Criminal Misc. Application No.Loo of 2007
Judge: Mukiibi, J

The court found that the applicant had satisfactorily proved his advanced age, which constitutes an exceptional circumstance under Section 15 of the Trial on Indictments Act. The consistency of age statements in various medical documents and the passport added credibility. The applicant presented substantial sureties, has strong ties to the community, and there was no evidence of prior bail jumping or pending charges. The medical documentation did not meet the statutory requirement for grave illness certification from a prison medical officer, but advanced age alone was sufficient. The court…