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Uganda decisions
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Bogere and Another v Uganda (Criminal Miscellaneous Application 53 of 2022) [2023] UGHCCRD 119 (4 August 2023)
The High Court granted Bogere Joseph bail pending appeal, finding substantial sureties, prior compliance with bail, and delay in hearing the appeal.
Rajiv Kumar v Uganda [2023] UGSC 38 (3 August 2023)
The Supreme Court of Uganda granted bail pending appeal after finding exceptional circumstances based on the applicant’s serious medical condition, prior compliance, and expected delay.
Rajiv Kumar v Uganda [2023] UGSC 16 (3 August 2023)
The Supreme Court granted Rajiv Kumar Sabharwal bail pending appeal, finding exceptional medical circumstances, likely delay, and acceptable sureties.
Rajiv Kumar v Uganda [2023] UGSC 34 (3 August 2023)
The Supreme Court of Uganda granted bail pending appeal, finding exceptional medical circumstances, substantial sureties, and likely delay in hearing the appeal.
Marere v Uganda (Criminal Application 4 of 2021) [2021] UGSC 35 (12 August 2021)
The Supreme Court held that bail pending appeal is granted only in exceptional and unusual circumstances, which must be established by the applicant. In this case, the applicant's advanced age and health conditions were acknowledged, but there was insufficient evidence that the prison medical facility was incapable of providing adequate treatment. The seriousness of the offence (murder by mob justice instigated by the applicant) and the lack of substantial evidence of unusual delay in hearing the appeal weighed against granting bail. The court found that the record did not allow assessment of…
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Ocepa Geoffrey v Uganda [2020] UGSC 49 (26 November 2020)
The court found that the applicant had produced substantial sureties and proved a fixed place of abode. The applicant had previously complied with bail conditions and demonstrated he would not abscond. The medical conditions, while challenged by the respondent, were supported by medical reports. The court held that not all conditions for bail need to be present; two or three suffice. Given the circumstances, including the applicant's health, compliance history, and substantial sureties, bail pending appeal was granted.
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Jemba Steven v Uganda (Misc.Criminal Application No. 78 of 2019) [2020] UGCA 61 (11 June 2020)
The Court of Appeal of Uganda dismissed an application for bail pending appeal, holding that the applicant had not shown exceptional circumstances after conviction.
Obina Bosco & 2 Ors v Uganda (Criminal Application No. 211 of 2019) [2020] UGCA 34 (22 January 2020)
The court found that the applicants are first offenders with no prior convictions, have fixed places of abode within the jurisdiction, and presented substantial sureties with proper identification. The 2nd and 3rd applicants' advanced age qualifies as an exceptional circumstance under Section 15(3) of the Trial on Indictments Act. There is a possibility of substantial delay in hearing the appeal due to the unavailability of the lower court record, which could render the appeal nugatory if the applicants serve a substantial part of their sentence before determination. The court exercised its d…
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Kajubi v Uganda (Miscellaneous Criminal Application 2 of 2016) [2018] UGSC 74 (17 April 2018)
The Supreme Court of Uganda dismissed an application for bail pending appeal, finding no compelling reason despite delay and the applicant’s good conduct.
Alenyo v Uganda [2017] UGSC 79 (7 February 2017)
The court found that the applicant had suffered substantial delay in the hearing of his appeal, which had already occurred and was likely to continue, infringing his right to a fair and speedy hearing under Article 28(1) of the Constitution. The delay was not attributable to the applicant but to procedural circumstances and actions of other parties. The applicant was a first offender, had good conduct, had never attempted to escape, and had produced substantial sureties. The appeal was not frivolous, and the Supreme Court had previously found it proper for hearing. The court held that the con…
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