Mwami v Attorney General (CONSITUTIONAL APPLICATION NO. 821 OF 2013) [2013] UGCC 14 (13 December 2013);


Search Summary: 

The applicant was charged in the Anti-Corruption division of the High
Court for embezzlement and the proceedings were stayed pending
disposal of the constitutional petition which challenged the legality of the
practice directions of the court and the applicant was released on bail. He
brought this application for modification of his terms of bail requesting for
the release of his passport deposited in court on grant of bail.
The court observed that the application had been founded on a petition
though brought to court in public interest but the applicant had not made
an application for rejoinder and therefore was a stranger to the petitioner
basis of which he had filed the application hence had no locus standi to
file this application.

Headnote and Holding: 

The court observed that the High court was not affected by the stay of
proceedings and the applicant’s bail was being renewed monthly and that
bail as a right has limitations, therefore since the applicant was accused
of stealing colossal sums of money, it was important to stay within the
jurisdiction of court. It was stated that the application was before an
improper court as the High Court was the right forum since it is charged
with unlimited jurisdiction over all criminal and civil matters, it was
improper for the applicant to file the application in the constitutional court
where he had no locus standi.
The application was thereby dismissed


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