Human Rights

Kyeyune v Uganda (MISCELLENAOUS APPLICATION NO. 4 OF 2017) [2017] UGSC 24 (16 August 2017);


Search Summary: 

This was an application for bail pending
appeal. The applicant had earlier applied for
bail before a single justice and the application
had been denied. at the hearing, the counsel of
the respondent contended that the application
was bad in law as it had not been referred to
the full bench. The court held that the applicant
was not seeking to challenge the ruling on the

decision of the single justice but a fresh

Headnote and Holding: 

The court noted that this court as a Court of
last resort has jurisdiction to release an
applicant at any time before the determination
of the appeal as long as it deems it fit,
depending on the circumstances of each case.
That the main criteria for granting bail pending
appeal is that the appeal is that the court must
be satisfied that the appellant shall in
compliance with bail conditions be available to
attend the appeal. That The presumption of
innocence continues as long as someone
decides to exercise his or her right of appeal.
The presumption of innocence does not stop at
the trial level. The presumption of innocence as
enshrined in the Constitution is one of the rail
guards to the protection of personal liberty and
the right to a fair trial.


Subscribe to RSS - Human Rights