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- Constitutional Law|Human Rights
- Case summary
- 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 court was not informed about certain important factors in deciding bail such as the stage reached in investigations, the charges against the accused/applicant amount of money involved in the charge or charges. Accordingly on the above argument court denied the applicant bail pending hearing and complete trial of the case as applied for.
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT MBARARA
HCT05-CR-MA-36-2002
(From Ruk.00-CR-CO-0031-2002)
MUBONE SAM………………………………………………………………… APPLICANT
VS
UGANDA……………………………………………………………………….RESPONDENT
BEFORE: THE HON. JUSTICE P. K. MUGAMBA
RULING
I have heard counsel for the applicant in regard to the application. I have also heard from the State Attorney who argues that the sureties presented are not substantial given that the first surety is said to be a businessman of uncertain business, the second surety is a casual labourer while the third surety employs himself in an enterprise of uncertain magnitude. I must add that court was not allowed to learn certain important factors in deciding on bail such as the stage reached in investigations, the charges against the accused person and the amount of money involved in the charge or charges. Let me note also that it is not clear how Dr. Baguma of Nyakibale Hospital comes to swear an affidavit in support, given the clear requirements of Act 9 of 1998 where he would be irrelevant.
In the circumstances I find I can’t grant ball to the applicant.
P. K. Mugamba
Judge
13th August 2002
Mr. Murumba for the State
Mr. Mwene-Kahima for the applicant
Applicant in court
Ms Tushemereirwe court clerk
Court: Ruling read in court.
P. K. Mugamba
Judge