Constitutional Interpretation

Kaye v Attorney General (COSTITUTIONAL APPLICATION NO.25 OF 2012) [2012] UGCC 5 (13 December 2012);

Flynote: 

Search Summary: 

The applicant, a Lieutenant Coronel in the Uganda People’s Defense
Forces charged with the offence of Murder facing trial before the General
Court Martial filed Constitutional Petition challenging the constitutionality of
the proceedings at the General Court Martial and certain rulings of that court.
The applicant filed Constitutional Application seeking a temporary injunction
to restrain the General Court Martial from further trying him until the
Petition is heard and to obtain an order of release from custody until the
determination of the Petition.

Headnote and Holding: 

The court observed that the issue application was whether the applicant
should be temporarily released from detention pending the determination
of his substantive application and pending the hearing of his
Constitutional Petition. The court observed its inherent powers in the
rules of the court to exercise the inherent powers of the High court. The
court observed that the principle governing grant of bail is the need to
create a balance between the individual rights of the applicant and the
protection of society.
The court observed that the applicant’s affidavit in support was not
challenged in which his grounds of old age, suffering from a serious
disease and a permanent place of abode.
The court allowed the application with conditions set by court.

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