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Uganda decisions
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Chemutai v Uganda (Criminal Miscellaneous Application 89 of 2023) [2024] UGHC 602 (28 June 2024)
The High Court at Mbale refused bail to an accused facing rape and murder charges, holding that the offences were grave and the risk of absconding outweighed bail factors.
Kabushenga Jackson alias Soda v Uganda (Criminal Miscellaneous Application No. 100 of 2019) [2020] UGHC 10 (24 January 2020)
The court found that although the applicant has a constitutional right to apply for bail and presented sureties and a fixed place of abode, the gravity of the offence (murder) and the circumstances surrounding his arrest—specifically, his disappearance from the area after the alleged crime—demonstrate a significant risk of absconding. The applicant failed to provide sufficient safeguards to assure the court of his attendance at trial. The court exercised its discretion to deny bail, prioritizing the need to ensure the accused's presence for trial and the interests of justice.
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Kitaka v Uganda (Miscellaneous Application 8 of 2019) [2019] UGSC 100 (20 November 2019)
The application for bail pending appeal was dismissed because the applicant failed to establish exceptional circumstances required for such relief. The applicant's health conditions, while chronic, were not shown to be beyond the capacity of prison authorities to manage, as the medical report did not indicate incapacity but only recommended better care. The argument of likely delay in hearing the appeal was speculative and unsupported by evidence. The applicant's lack of prior convictions, family status, and business activities were not material to the determination of bail pending appeal. Th…
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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.
Abacha v Uganda (Miscellaneous Criminal Application No. 0004 of 2016) [2016] UGHCCRD 82 (26 July 2016)
Bail ruling in an aggravated defilement case: the High Court at Arua granted the applicant bail, finding the risk of absconding could be managed by strict conditions.
In the Matter Of Bail Application by Tigawalana Bakali (Criminal Application No. 23 of 2003) [2003] UGHCCRD 7 (12 August 2003)
The application for bail was dismissed because the applicant failed to adduce admissible evidence of grave illness that could not be treated in custody, as required under section 14A(3)(a) of the Trial on Indictments Decree. The medical reports submitted were secondary evidence and inadmissible under the Evidence Act, and no explanation was provided to justify their admission. Furthermore, the applicant, being a young and prominent politician charged with murder (a capital offence carrying the death penalty), presents a significant risk of absconding and interfering with prosecution witnesses…
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Rukanyangira and 2 Others v Uganda (Criminal Miscellaneous Application 58 of 1993) [1994] UGHC 75 (11 March 1994)
The High Court dismissed a bail application by three murder accused, finding that prior bail default, limited sureties, and absconding risk outweighed prolonged remand.
Ali Fadhul v Uganda (HC. CRIMINAL MISC. APPLICATION NO. MMB 12/92) [1992] UGHCCRD 1 (12 December 1992)
The High Court denied bail pending retrial, finding a real risk the murder accused might abscond despite a fixed abode and proposed sureties.
