Uganda Case Law

Nduhukire v Uganda

Nduhukire v Uganda (Criminal Miscellaneous Application 39 of 2023) [2023] UGHC 292 (23 October 2023)

Court

High Court of Uganda

Case number

Criminal Miscellaneous Application 39 of 2023

Judge

Mugabo, J

The applicant is entitled to apply for bail under the Constitution and the Trial on Indictments Act. The court found that the applicant presented substantial sureties capable of guaranteeing his attendance at trial, and there was no evidence of other pending criminal charges. The applicant's medical condition, specifically tuberculosis and related complications, was certified by the prison medical officer and recommended for further management outside prison, constituting an exceptional circumstance under the Bail Guidelines. The gravity of the offence was considered, but the presumption of i…

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• Bail Application
• Exceptional Circumstances
• Trafficking In Persons
• Sureties
• Remand
• Medical Grounds For Bail

Tubaire v Uganda

Tubaire v Uganda (Criminal Miscellaneous Application 59 of 2022) [2023] UGHCCRD 121 (4 August 2023)

Court

HC: Criminal Division (Uganda)

Case number

Criminal Miscellaneous Application 59 of 2022

Judge

Bukirwa, J

The High Court of Uganda at Jinja granted bail to the applicant in a murder-related case, finding a fixed abode and substantial sureties, and set cash and non-cash conditions.

• Bail Application
• Presumption Of Innocence
• Fixed Place Of Abode
• Surety Requirements
• Medical Grounds For Bail
• Bail-application

Assingwire v Uganda

Assingwire v Uganda (Criminal Miscellaneous Application 55 of 2023) [2023] UGHCCRD 39 (31 July 2023)

Court

HC: Criminal Division (Uganda)

Case number

Criminal Miscellaneous Application 55 of 2023

Judge

Nakachwa, J

The application for bail was denied because the Applicant failed to comply with mandatory documentary requirements under the Constitution (Bail Guidelines for Courts of Judicature) (Practice) Directions, specifically the absence of identification documents and an introduction letter from the Local Council 1 Chairperson. Additionally, the medical report did not certify that the Applicant's illness was incapable of adequate treatment in prison, which is a prerequisite for bail on medical grounds as an exceptional circumstance. While the Applicant demonstrated a fixed place of abode and presente…

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• Bail Pending Trial
• Exceptional Circumstances
• Presumption Of Innocence
• Right To Fair Hearing
• Medical Grounds For Bail

Kaawe v Uganda

Kaawe v Uganda (Criminal Application 7 of 2021) [2021] UGSC 48 (9 September 2021)

Court

Supreme Court of Uganda

Case number

Criminal Application 7 of 2021

Judge

Arach-Amoko, JSC

The Supreme Court of Uganda granted bail pending appeal to a convicted applicant, relying on his medical condition, non-violent offence, and unchallenged sureties.

• Bail Pending Appeal
• Embezzlement
• Conviction And Sentence
• Medical Grounds For Bail
• Sureties Requirements
• Bail-pending-appeal

Kashaka v Uganda

Kashaka v Uganda (Miscellaneous Application 6 of 2021) [2021] UGSC 26 (13 August 2021)

Court

Supreme Court of Uganda

Case number

Miscellaneous Application 6 of 2021

Judge

Opio-Aweri, JSC

The Supreme Court issued a certificate of urgency so a bail pending appeal application could be heard during court vacation, citing the applicant’s serious medical condition.

• Bail Pending Appeal
• Certificate Of Urgency
• Court Vacation Procedure
• Medical Grounds For Bail
• Certificate-of-urgency
• Bail-pending-appeal

Semanda Vs Uganda (Miscellenous Application No. 05 of 2018)

Semanda Vs Uganda (Miscellenous Application No. 05 of 2018) [2019] UGCA 31 (9 April 2019)

Court

Court of Appeal of Uganda

Case number

Miscellenous Application No. 05 of 2018

The court found that the applicant failed to demonstrate exceptional circumstances warranting bail pending appeal. Although the applicant presented medical evidence of chronic illness, the report did not certify that his condition was incapable of adequate treatment in prison, as required by law. The offence involved personal violence, specifically murder, which weighs against release. While the appeal was not deemed frivolous and the applicant had complied with previous bail conditions, these factors alone were insufficient. The court rejected arguments of substantial delay as speculative, n…

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• Bail Pending Appeal
• Exceptional Circumstances
• Personal Violence
• Medical Grounds For Bail

Mellan Mareere v Uganda

Mellan Mareere v Uganda (Miscellaneous Application No. 52 of 2017) [2018] UGCA 31 (25 May 2018)

Court

Court of Appeal of Uganda

Case number

Miscellaneous Application No. 52 of 2017

Judge

Madrama, JA

The Court of Appeal refused bail pending appeal to a 73-year-old murder convict, finding her illness was not certified as unmanageable in prison and the appeal was not shown to be overwhelmingly likely to succeed.

• Bail Pending Appeal
• Exceptional Circumstances
• Common Intention
• Medical Grounds For Bail
• Presumption Of Innocence
• Bail-pending-appeal

Sentongo Vs Uganda

Sentongo Vs Uganda (Criminal Appeal No.0040 of 2017) [2017] UGCA 55 (31 October 2017)

Court

Court of Appeal of Uganda

Case number

Criminal Appeal No.0040 of 2017

The court found that the applicant had properly lodged an appeal and followed the correct procedure, thus his appeal was properly before the court. The applicant demonstrated exceptional circumstances, including serious chronic medical conditions that may be fatal if untreated in prison, and the likelihood of substantial delay in the hearing of his appeal due to the court's heavy schedule. The court was satisfied that the applicant's sureties were substantial, given their previous performance and willingness to provide additional security. The offences, though economic and involving a large s…

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• Bail Pending Appeal
• Economic Crimes
• Medical Grounds For Bail
• Sureties
• Appeal Procedure

Bigugu v Uganda

Bigugu v Uganda (Miscellaneous Application No.83 of 2015) [2015] UGHCCRD 452 (9 November 2015)

Court

HC: Criminal Division (Uganda)

Case number

Miscellaneous Application No.83 of 2015

Judge

Murangira, J

The High Court dismissed Robert Bigugu’s bail application pending trial, finding the supporting evidence insufficient, including on residence, sureties, and medical grounds.

• Bail Pending Trial
• Right To Bail
• Affidavit Evidence
• Medical Grounds For Bail
• Bail-pending-trial
• Right-to-bail

Lubyayi & Anor v Uganda

Lubyayi & Anor v Uganda (Criminal Miscellaneous Application No.64 of 2015) [2015] UGHCCRD 54 (11 September 2015)

Court

HC: Criminal Division (Uganda)

Case number

Criminal Miscellaneous Application No.64 of 2015

Judge

Murangira, J

The High Court granted bail pending appeal to a convicted applicant on health, age, and surety grounds, and found the sureties substantial.

• Bail Pending Appeal
• Sureties
• Medical Grounds For Bail
• Delay Of Appeal Hearing
• Bail-pending-appeal
• Medical-grounds