Col. (Rtd.) Dr. Kiiza Besigye v Uganda
Col. (Rtd.) Dr. Kiiza Besigye v Uganda (Criminal Misc. Application No. 228 of 2005) [2005] UGCA 100 (25 November 2005)
The court held that, in light of the constitutional provisions and the request by the respondent, it is mandatory to refer the question of the interpretation and application of Article 23(6) of the Constitution to the Constitutional Court. Pending the outcome of that reference, the applicant is entitled to interim bail, given the mitigating factors in his favor, the sufficiency of sureties, and the paramount importance of liberty. The court recognized the gravity of the charges but found that the applicant's circumstances and constitutional rights justified interim release on stringent condit…
Source excerpt
- Bail
- Constitutional Interpretation
- Trial On Indictments Act
- Right To Liberty
- Judicial Discretion
- Court Referral Procedure