Court name
HC: Criminal Division (Uganda)
Case number
HCT-00-CR-CM 130 of 2020
Judgment date
15 December 2020
Title

Nanono v Uganda (HCT-00-CR-CM 130 of 2020) [2020] UGHCCRD 151 (15 December 2020);

Cite this case
[2020] UGHCCRD 151
Coram
Kwesiga, J

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

HCT-00-CR-CM-0130-2020

(From Makindye Criminal Case No. AA82-2020)

 

NANONO ANNET …………….……………. ACCUSED/APPLICANT

VERSUS

UGANDA ………………………………… PROSECUTOR/RESPONDENT

 

BEFORE:  HON. MR. JUSTICE J. W. KWESIGA

RULING:

Nanono Annet, aged 34 years on 18/8/2020 was charged with Aggravated Trafficking of children C/s. 3(1)(a) and (5)(a) of Prevention of Trafficking in Persons Act in count One and permitting Defilement of a girl below 18 years C/s. 133 of the Penal Code.

There is no evidence that she has been committed for trial by the High Court.

The records show that she was remanded pending trial.  She has applied for bail pending trial.

M/s. Rwabwogo & Co. Advocates, representing the Applicant have, on behalf of the Applicant relied on Articles 26(6) and 28(3) of the Constitution of the Republic of Uganda.

I appreciate the fact that Article 28(3) of the Constitution declares every person charged with a criminal offence to be innocent until he/she has pleaded guilty or has been proved guilty.  Article 23(6)(a) states “(6) Where a person is arrested in respect of a criminal offence –(a) the person is entitled to apply to the court to be released on bail and the court may grant that person bail on such conditions as the court considers reasonable”.

While the accused person is granted the right to apply for bail, the court is granted discretional powers to grant or deny the application after considering all relevant Laws, facts and circumstances obtaining in each individual application.

The Applicant’s circumstances include hardships of her very young child suffering due to lack of care.  In the affidavit sworn by the Applicant in support of this application on 23rd September 2020 contains details averred to state the background of this case against her and she emphasize her innocence as protected by Article 28(3)(a) of the Constitution of Uganda.

These specific averments have not been substantially rebutted save the general statement in the affidavit of Apio Getrude, a State Attorney who merely states that what was stated is not true without substantiation or offering proof to the contrary.

In Lt. Gen. Henry Tumukunde Versus Uganda – Criminal Application 052 of 2020 while following the holding in Sudhir Ruparelia Versus Uganda (1992 – 93) HCB 52.

this court held that “-----granting bail pending trial; before court can grant bail, it has to consider whether it is possible that if the accused is released on bail he/she will appear to stand his trial and in considering this matter the court may have regard to the nature of the offence charged, the nature of the evidence and possible punishment, whether the Applicant has a fixed place of abode, the antecedents of the Applicant and whether she/he is likely to interfere with the prosecution witnesses.  (Emphasis is mine).

I have not found any proof of the any negative antecedents against the Applicant.  The state has had adequate opportunity to complete investigations and present the Applicant for trial since she was arrested.  I am satisfied that she has proved that she has a fixed place of abode in Nakabugo LC.1 Musaale Parish, Wakiso District.  See:- Paragraph 13 of her affidavit in support not contradicted.

I do hereby approve the offered sureties namely;-

  1. Nakasiita Teddy
  2. Lutalo Noah
  3. Walugembe Godfrey,

And I rule that three persons or any two of the three shall be adequate as the Applicants sureties.

This Application for Bail pending trial is granted on the following terms:-

  1. The Applicant shall execute a cash bail bond of Ug. Shs. 2,000,000/= (Two million shillings only).

 

  1. Each of the sureties shall execute a non-cash bond of Ug. Shs. 5,000,000/= (Five million shillings each).

 

  1. Each surety deposit with the Deputy Registrar, before release of the Applicant, fresh LC.1 introduction letters addressed to the Deputy Registrar, Criminal Division signed by both the Chairman and the Secretary of the LC.1 and with official stamp.  These will be in lieu of those filed which are addressed to the Lower Court.

In the event that the above terms are not satisfied, the Applicant/Accused shall remain on remand pending trial.

 

 

J. W. Kwesiga

Judge

15/12/2020

 

To be served on:-

  1. Applicant

C/o. Rwabwogo & Co. Advocates.

 

  1. The Director of Public Prosecution

Respondent.