Human Rights

Komakech v Uganda (HCT 02 CR CM- 0032 2014) [2014]UGHCCRD 82 (20 June 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 them bail pending hearing and disposal of the case against them. Applicant had been indicted on charge of murder 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 presented by the applicants 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 applicant. Court held that conditions for granting bail to the accused were absent in his application. Court was not satisfied by the application given the fact that it did not prove his HIV positive status could not be taken care of in prison moreover he was not suffering from AIDS as yet and the sureties presented before court were found not substantive. The case involved was found to be a grave offence and even though the applicant enjoyed the right of being presumed innocent bail could not be granted to him given the above circumstances.

Accordingly on the above argument court denied the applicant bail pending hearing and complete trial of the case as applied for.


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