THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA HOLDEN AT KAMPALA
CRIMINAL APPLICATION NO. 23 OF 2003
IN THE MATTER OF BAIL APPLICATION BY
TIGAWALANA BAKALI IKOBA
CRIMINAL CASE NO. 0161 OF 2003
BEFORE: HON. MR. JUSTICE V. A. R. RWAMISAZI-KAGABA
This is a Ruling/Judgment in an application for bail brought under section 14A of the Trial on Indictments Decree (as amended by Act 9/1998) and presumably under the Criminal Procedure (Applications) Rules S. 1 41-1 of the Criminal Procedure Act.
The application is supported by an affidavit of Tigawalana Bakali Ikoba, who is the accused in Criminal Case No. 0161/2003, which is registered in Buganda Road Chief Magistrate’s Court.
The applicant was represented by Blaise Babigumira and Richard Mwebembezi while the State was represented by Atenyi Ndamurani, a State Attorney representing the Director of Public Prosecutions.
In support of the application, Mr. Mwebembezi submitted that the applicant is the Chairman of LC V Mayuge District, has a fixed place of abode at Dwaliro zone, Mayuge, cannot abscond, has no previous criminal conviction and cannot interfere with prosecution witnesses.
Secondly, Counsel (for the applicant) produced two sureties, in the names of Wilberforce Kiwagama, a Member of Parliament for Bunya West Constituency, and Ikoba Badru, the father of the accused/applicant. The court saw- the sureties and examined them as to their social background.
Lastly, Counsel submitted that the applicant suffers from asthma and hypertension for which he has been receiving medical treatment, and which are now aggravated by the overcrowding and dusty conditions obtaining in prison. Counsel relied on the medical (Photostat copies) reports annexture “Al”, “A2”,