Human Rights

Kiwanuka v Uganda (MISCELLANEOUS APPLICATION No. 213 of 2013) (2014) UGHCCRD 85 (4 March 2014);


Search Summary: 

In this case the applicant by notice of motion basing on articles 23 and 28 of the constitution and sections 14 and 15 of the trial on indictment act sought court to grant him bail pending hearing and disposal of the case against him. Applicant had been indicted on charges of aggravated robbery contrary to provisions of the penal code act. This case was important in the determination of the application as far as the conditions to grant bail are concerned

Headnote and Holding: 

The court considered whether the conditions for granting bail were present to enable the court to release the applicant on bail pending trial and disposal of the case against him. Court held that conditions for court to grant bail to the applicant were present in the case. Court was satisfied and convinced that the applicant had been able to prove that his application falls under exceptional circumstances of being ill and has a place of abode at his wife’s place and that even though the sureties were not substantive enough they would be able to execute their duties with some form of monitory. Then court also in the given circumstances considered international treaties to which Uganda is signatory where emphasis with grain of salt has been put on the distinction between people that have been found guilty, those convicted by court of law and sentenced and those who have not.

Accordingly the accused was released on bail having succeeded in his application. for bail.


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