Apire v Uganda (Criminal Miscellaneous Application 88 of 2023) [2024] UGHC 73 (21 February 2024)

Full Case Text

## THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT GULU CRIMINAL MISC. APPLICATION NO. 088 OF 2023

(Arising from Criminal Session Case No. 254 of 2014)

#### $10$ APIRE MICHEAL ::::::::::::::::::::::::::::::::::::

#### **VERSUS**

**UGANDA :::::::::::::::::::::::::::::::::::**

$15$

$\mathsf{S}$

### BEFORE: HON. MR. JUSTICE GEORGE OKELLO

#### **RULING**

This is an application for Mandatory bail. The Applicant through his advocate, Mr. Doii Patrick prays to be released on 20 bail. He swore affidavit in support. He contends that he has been on remand since 2015, a period of now 09 years, without committal to the High Court. The Applicant has presented two sureties who are substantial, namely Okumu David, a Nephew, and Richard Apire, a son. The Applicant deposes that he is aged 25 75 years. This was on 15th February 2023. He says he is now 77 years old; of course in error. I take it that the Applicant, going by his deposition of 2023 February, should now be 76 years old, since he deposed he was 75 years in 2023 February.

$\mathbf{1}$

Hutch

I find that the applicant has proved his grounds for release on $\mathsf{S}$ Mandatory bail; given that the deposition that he has never been committed to the High Court has not been rebutted by the State. He has also shown that he is of advanced age, which the Bail Guidelines set at 60. In this case, 76 years is way above the minimum threshold under the law. I also find the sureties $10$ substantial.

Accordingly, I would be inclined to release the Applicant on Mandatory Bail, as per the requirement of the Constitution of Uganda, 1995.

However, I have further considered the fact that the Applicant has been on remand since 2015. The case against the Applicant springs from the year 2014, vide AA 26/2014. The Prison officials informed this court that according to their records, the 20 Applicant has been transferred from Amuru, and the case is a 2014 case; they have no information as to when the Applicant was first remanded to Prison. The CRB NO 623/2014, and the case No. $254/2014$ , in my view, confirms his long stay in Prison. In any case, this has not been rebutted by the State.

$15$

I find the conduct of the State in regards to the Applicant very egregious and a gross abuse of the Prosecution powers, in that a person can be charged and remains not committed for trial for 09 years.

HudoQ.

In the circumstances, other than release the Applicant on bail, I have invoked court powers under Section $17(2)(a)$ of the Judicature Act, to dismiss the Criminal Case No 254/2014, vide CRB No. 623/2014 against the Applicant/accused, Apire Michael, being a case of Aggravated Robbery. He shall be released forthwith from Prison unless held on other lawful charge. It is so ordered.

Delivered, dated and signed in court this 21st day of February, 2024.

# Huton 21/2/2024 George Okello Judge

$15$

$\mathsf{S}$

$10$