Court name
High Court of Uganda
Case number
HCT-02-CO-MA-2008/63
Judgment date
27 November 2008

Ociti Tom Oryema & 4 Ors v Uganda (HCT-02-CO-MA-2008/63) [2008] UGHC 132 (27 November 2008);

Cite this case
[2008] UGHC 132

THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA
AT GULU
HCT 02 CO MA 063 2008
(Arising from Gulu Criminal Case No. AA 201/2008)

1.      
OCITTI TOM ORYEMA
2.       OJOK DAVID OCITTI
3.       LANYERO MILLY
4.       AYOT BRENDA
5.       OKENY JUSTINE::::::::::::::::::::::::APPLICANTS/ACCUSED
VERSUS
UGANDA::::::::::::::::::::::::::::::::RESPONDENT/PROSECUTOR

BEFORE: HONOURABLE JUSTICE REMMY K. KASULE

RULING
                  The applicants: OCITTI TOM ORYEM, OJOK DAVID OCITTI AND AYOT BRENDA, are charged of murder in Gulu Criminal case No. AA 201 of 2008.
                  The murder is alleged to have taken
place on or about 16th September, 2008, in the suburbs of Gulu Municipality.
                  The first applicant is the biological father of the second and third applicants.
                  Ms Laker Gladys and Bongomin Joyce, have sworn affidavits to the effect that they are possible prosecution witnesses residing in the same area as the applicants, and that the applicants, particularly are first applicants being persons of influence in the area, the first applicant having been a former Grade II Magistrate, there is a likelihood
of interfence in the investigations of the case.
                 
Learned counsel, Mr. Muwonge, for the state has from the bar, confirmed to court that the investigations are not yet complete. They are still on going.
                  Court appreciates the applicants might to apply and to be considered for grant of bail. This however must be balanced with the need to ensure that the ends of justice are served.
The offence of murder is a very grave offence carrying a maximum death sentence. The offence happened only in September 2008 and state is entitled to reasonable time to complete investigations without any disruption.
                  Court finds
that there is justification for not granting bail to the applicants at this particular time.
                  This application is refused. Let the same be
renewed at some other time, the applicants may find appropriate.


....................................
Remmy K. Kasule
Judge
28
th November, 2008