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Uganda decisions
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Ekiring v Uganda (Criminal Miscellaneous Application 144 of 2024) [2025] UGHC 484 (30 June 2025)
The High Court at Soroti dismissed Ekiring Yuventino’s bail application in a murder case, finding a risk of witness interference despite fixed abode and sureties.
Kaita Ashraf v Uganda (Criminal Miscellaneous Application 7 of 2025) [2025] UGHC 377 (2 June 2025)
The court denied bail on the grounds that the applicant failed to present substantial sureties with proven financial capacity and ability to ensure attendance. No exceptional circumstances were established as required for capital offences. The gravity of the murder charge and the severity of the potential sentence (death penalty) increased the risk of abscondment. The applicant's recent committal for trial indicated no substantial delay in proceedings. The court exercised its discretion to deny bail, prioritizing public interest and the integrity of the judicial process over the applicant's l…
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Omiat v Uganda (Criminal Miscellaneous Application 71 of 2024) [2025] UGHC 225 (14 April 2025)
The court held that although the applicant demonstrated a fixed place of abode and presented substantial sureties, the gravity of the offence, the applicant's age, and allegations of prior threats to the deceased and his family created a real possibility of interference with prosecution witnesses. The court emphasized that the applicant failed to satisfy the requirement that he would not interfere with witnesses if released on bail. The absence of opposition from the respondent did not relieve the applicant of the burden to prove entitlement to bail. The interest of justice, therefore, requir…
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Ejiru alias Paul v Uganda (Criminal Miscellaneous Application 79 of 2024) [2025] UGHC 123 (13 March 2025)
The court found that while the applicant demonstrated a fixed place of abode and presented substantial sureties, there was a real possibility of interference with prosecution witnesses, who are likely to be known and related to the applicant given the nature of the offence. The gravity of the charge and the relationship between the applicant and the victim increased the risk of interference. The applicant failed to satisfy the court that he would not interfere with witnesses or abscond if released. In balancing the applicant's rights and the interests of justice, the court exercised its discr…
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Kaggwa v Uganda (Criminal Miscellaneous Application 40 of 2024) [2025] UGHC 57 (10 January 2025)
The court found that the applicant had been in custody for more than sixty days for the offence of assault occasioning actual bodily harm, entitling him to mandatory bail under the Constitution and the Trial on Indictment Act. For the murder charge, the applicant demonstrated exceptional circumstances, including advanced age and substantial sureties, and satisfied the court that he would not abscond or interfere with the proceedings. The respondent did not oppose the application. The court exercised its discretion to grant bail, considering the applicant's fixed place of abode, responsible ch…
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Olokotum and 5 Others v Uganda (Criminal Miscellaneous Application 109 of 2024) [2024] UGHC 1081 (2 December 2024)
The court held that although the applicants have a constitutional right to apply for bail and are presumed innocent until proven guilty, they must satisfy the court that they will not abscond and that their sureties are substantial. The court found that the sureties for the 1st and 2nd applicants were not satisfactory due to lack of proper identification and unresolved questions regarding their relationship and place of abode. For the 3rd, 4th, and 5th applicants, although the sureties were found substantial, the gravity of the offence and the severity of the likely punishment created a risk…
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Osire v Uganda (Miscellaneous Criminal Application 73 of 2024) [2024] UGHC 1054 (4 November 2024)
The High Court at Soroti dismissed Osire Mislam’s bail application in a murder case, finding a risk of absconding and possible witness interference.
Otai v Uganda (Criminal Miscellaneous Application 71 of 2023) [2024] UGHC 631 (8 July 2024)
The High Court in Soroti granted bail to an applicant charged with murder, finding a fixed abode, sound sureties, and no sufficient basis to deny release.
Zura v Uganda (Criminal Miscellaneous Application 27 of 2024) [2024] UGHC 576 (4 July 2024)
The court found that the applicant had sufficiently proved a fixed place of abode within the jurisdiction by providing corroborated documentary evidence from the clan and LC.1 chairpersons. The applicant presented three substantial sureties, each supported by affidavits, national identification cards, and LC.1 introduction letters, fulfilling the statutory and regulatory requirements. Although the applicant did not advance any exceptional circumstances, the court held that the gravity of the offence and absence of violence did not bar bail, given the constitutional presumption of innocence. T…
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Mikaya & Another v Uganda (Miscellaneous Application 59 of 2023) [2024] UGHC 190 (10 April 2024)
The court found that the applicants had sufficiently demonstrated a fixed place of abode within the jurisdiction by providing LC1 introduction letters and identification documents for themselves and their sureties. The sureties were found to be substantial due to their familial relationship, residence within the same village, and provision of national IDs and LC1 letters. The seriousness of the offence was considered but did not outweigh the applicants' constitutional right to liberty and presumption of innocence. The court exercised its discretion to grant bail, subject to conditions includi…
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