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Uganda decisions
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Aryampa v Uganda (Criminal Application 4 of 2024) [2024] UGSC 33 (31 July 2024)
The Supreme Court of Uganda dismissed an application for bail pending appeal, finding no exceptional circumstances despite the applicant’s health and personal circumstances.
Kiwanuka v Uganda (Criminal Miscellaneous Application 4 of 2022) [2022] UGSC 22 (28 July 2022)
The Supreme Court granted bail pending appeal to a convicted appellant, finding serious health concerns, a non-frivolous appeal, likely delay, and compliance with prior bail conditions.
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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Bamutura v Uganda [2020] UGSC 2 (19 March 2020)
The Supreme Court granted Henry Bamutura bail pending appeal after finding an arguable legal point and exceptional health circumstances, despite the seriousness of the financial loss offence.
Nkojo v Uganda (Miscellenous Application No. 197 of 2018) [2019] UGCA 30 (9 April 2019)
The court found that while the applicant is of advanced age and a first offender, there was insufficient evidence to demonstrate that his health condition (HIV/AIDS) could not be managed in custody. The offence for which the applicant was convicted involved personal violence (murder and attempted murder), which weighs heavily against granting bail pending appeal. The applicant failed to prove exceptional circumstances justifying release, and the appeal was not shown to have a reasonable possibility of success. The court exercised its discretion to deny bail, emphasizing the need to protect th…
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Jamwa v Uganda (Miscellaneous Application 9 of 2018) [2018] UGSC 76 (15 May 2018)
The Supreme Court of Uganda granted David Chandi Jamwa bail pending appeal, finding his appeal arguable, his health serious, and the sureties and security adequate.
Serwamba Vs Uganda (Misc Application No. 58 of 2017) [2017] UGCA 56 (22 November 2017)
The court found that the applicant suffers from chronic illnesses, including allergic bronchitis with asthmatic components and hypertension, which could be fatal in prison conditions. The medical report and the high level of prisoner concentration at Murchison Bay Prison were considered hazardous to the applicant's right to life. The applicant has a fixed place of abode and presented substantial sureties. The court also noted the likelihood of substantial delay in hearing the appeal due to the court's constraints. Applying the principles from Arvind Patel v. Uganda, the court held that the co…
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Christopher Lubaale V Uganda (Misc. Appl. No. 2 of 1995) [1995] UGHC 1 (6 April 1995)
The court held that the applicant failed to demonstrate special circumstances warranting bail pending appeal. The applicant's health condition (AIDS), while sympathetic, is not a legal ground for bail, as there is no authority supporting illness as a basis for release. The applicant did not establish that his appeal had high chances of success, nor did he show that there would be substantial delay in hearing the appeal, given that the lower court record was ready and the Resident Judge was available. Equitable considerations, such as compliance with earlier bail conditions, are not relevant p…
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