Uganda Case Law

Aziki Dauda and Another v Uganda

Aziki Dauda and Another v Uganda (Criminal Miscellaneous Application No. 9 of 2021) [2023] UGHC 42 (22 March 2023)

Court

High Court of Uganda

Case number

Criminal Miscellaneous Application No. 9 of 2021

Judge

Nakachwa, J

The court held that while the Applicants have a constitutional right to apply for bail and have demonstrated fixed places of abode and presented substantial sureties, they failed to establish exceptional circumstances as required by law. The Applicants' claims of advanced age and grave illness did not meet the statutory threshold: neither Applicant was sixty years or older, and no medical certificate from a prison medical officer was provided to substantiate grave illness. The seriousness of the offence (murder) and the fact that the Applicants had already been committed for trial, with co-ac…

Source excerpt

• Bail Pending Trial
• Exceptional Circumstances
• Presumption Of Innocence
• Sureties Requirements
• Advanced Age
• Grave Illness

Rusoke v Uganda (HCT-00-CR-CM 107 of 2021)

Rusoke v Uganda (HCT-00-CR-CM 107 of 2021) [2021] UGHCCRD 46 (27 May 2021)

Court

HC: Criminal Division (Uganda)

Case number

HCT-00-CR-CM 107 of 2021

Judge

Asiimwe, J

The High Court at Kampala denied bail to an accused in a rape case, finding no proven exceptional circumstances, unreliable sureties, and a risk of witness interference.

• Bail Pending Trial
• Exceptional Circumstances
• Grave Illness
• Surety Requirements
• Risk Of Witness Interference
• Bail-pending-trial

Mukalazi v Uganda

Mukalazi v Uganda (Criminal Application No. 27 of 2021) [2021] UGHCCRD 35 (18 March 2021)

Court

HC: Criminal Division (Uganda)

Case number

Criminal Application No. 27 of 2021

Judge

Asiimwe, J

The applicant failed to prove to the satisfaction of the court that his asthmatic condition constitutes a grave illness incapable of adequate medical treatment in prison, as required by section 15(3)(a) of the Trial on Indictments Act. The medical report indicated that the applicant's asthma was being managed with inhalers in custody, and there was no evidence that the illness could not be treated while detained. The seriousness of the charge—aggravated trafficking in children, which carries a maximum sentence of death—and the early stage of investigations further weighed against granting bai…

Source excerpt

• Bail Application
• Exceptional Circumstances
• Aggravated Trafficking In Children
• Grave Illness
• Presumption Of Innocence

Niwamanya James v Uganda

Niwamanya James v Uganda (Criminal Application No. 87 of 2019) [2020] UGCA 2025 (3 March 2020)

Court

Court of Appeal of Uganda

Case number

Criminal Application No. 87 of 2019

Judge

Kasule, JA

The Court of Appeal of Uganda dismissed an application for bail pending appeal, holding that the applicant proved no exceptional circumstances such as certified grave illness or advanced age.

• Bail Pending Appeal
• Exceptional Circumstances
• Aggravated Robbery
• Advanced Age
• Grave Illness
• Sureties

Namuyimba v Uganda (Crim. Applic. No. 37 of 2012)

Namuyimba v Uganda (Crim. Applic. No. 37 of 2012) [2012] UGCA 35 (15 November 2012)

Court

Court of Appeal of Uganda

Case number

Crim. Applic. No. 37 of 2012

Judge

Arach-Amoko, JCC

The Court of Appeal granted bail pending appeal after finding the applicant’s breast-implant condition amounted to grave illness requiring specialized treatment.

• Bail Pending Appeal
• Grave Illness
• Medical Evidence
• Prisoner Healthcare
• Bail-pending-appeal
• Medical-evidence

Musiime v Uganda (HCT-05-CR-MA-0004-2004)

Musiime v Uganda (HCT-05-CR-MA-0004-2004) [2004] UGHCCRD 12 (10 March 2004)

Court

HC: Criminal Division (Uganda)

Case number

HCT-05-CR-MA-0004-2004

Judge

Mugamba, J

High Court ruling on a bail application based on illness: the court found the statutory proof insufficient for bail but ordered access to the applicant’s doctor in prison.

• Bail Application
• Exceptional Circumstances
• Grave Illness
• Prisoner Rights
• Bail-application
• Medical-bail

Musiime Alex alias Kadidi v Uganda (HCT-05-CR-MA-0004-2004)

Musiime Alex alias Kadidi v Uganda (HCT-05-CR-MA-0004-2004) [2004] UGHC 87 (10 March 2004)

Court

High Court of Uganda

Case number

HCT-05-CR-MA-0004-2004

The court found that the affidavit of Ms Achieng, though she is in charge of health at Mbarara Prison, does not satisfy the statutory requirement under Section 15 of the Trial on Indictments Act, which mandates certification of grave illness by a medical officer of the prison or place of detention. Dr. Luwala, as an external medical doctor, certified the applicant's illnesses as grave and requiring constant attention, but did not qualify as the statutory certifying authority. The court determined that the applicant's medical needs could be met by allowing him access to his personal doctor whi…

Source excerpt

• Bail Application
• Exceptional Circumstances
• Grave Illness
• Remand Prisoner

Kyambadde v Uganda (Hct)

Kyambadde v Uganda (Hct) [2003] UGHC 101 (5 November 2003)

Court

High Court of Uganda

Case number

Hct

Judge

Mukasa, J

The court held that the applicant failed to satisfy the evidentiary requirements for bail on the grounds of advanced age and grave illness. Although the applicant averred she was 52 years old and suffered from hypertension, she did not provide sufficient documentary evidence to prove her age, such as a birth certificate, baptism certificate, or affidavit from a person knowing her date of birth. The court was unable to determine her age by observation alone. Regarding grave illness, while hypertension may constitute an exceptional circumstance, the applicant did not provide a medical certifica…

Source excerpt

• Bail Pending Trial
• Exceptional Circumstances
• Advanced Age
• Grave Illness
• Presumption Of Innocence