Kato Henry v Uganda (Criminal Miscellaneous Application 96 of 2025) [2025] UGHCCRD 21 (5 January 2025)

Full Case Text

## THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA (CRIMINAL DIVISION) CRIMINAL MISCELLANEOUS APPLICATION NO 096 OF 2025

[Arising from Kasangati Chief Magistrate's Court Criminal Case No. AA-15 of 2024]

# **BETWEEN** KATO HENRY .................................... AND <table> UGANDA RESPONDENT

#### **RULING**

### **BEFORE HON: JUSTICE ISAAC MUWATA**

The Applicant, Kato Henry, is seeking to be released on mandatory bail pursuant to Articles 23(6)(a) and 28(3)(a) of the Constitution of Uganda, 1995, as amended, and Section 14 and 15 of the trial on indictment Act, Cap 23, and Rules S. I 13-8 of the Judicature (Criminal Procedure) (Application) Rules. The application is supported by an affidavit sworn by the Applicant.

The Applicant is charged with the offence of Aggravated Defilement Contrary to Section 129 (3) and (4)(a) of the Penal Code Act, Cap 120, and has been on remand at Luzira Upper Prison since the 25th day of March 2024, pending his trial in Criminal Case No. AA-15 of 2024 at the Kasangati Chief Magistrate's Court.

The Applicant contends that he has been on remand for over eight months without committal to this honorable Court for trial, which he argues has deprived him of his constitutional right to a fair and speedy hearing as guaranteed under Article 28(1) of the Constitution. He further asserts that the offence with which he is charged is bailable, and he has met the conditions for release on bail, including a fixed place of abode and substantial sureties.

The Applicant has provided evidence of three sureties: Nalugoye Milly, Nakawuki Annet, and Kagavve Isa, all residents of Kasangati Town Council in

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Wakiso District, who have undertaken to ensure his attendance in court and to abide by any conditions set by this Court. Additionally, the Applicant has no previous criminal record and asserts his innocence, with no other pending charges against him.

The Applicant also highlights that the case file has not been forwarded to this Court by the Chief Magistrate's Court for committal, citing a congested court schedule and case backlog, which has rendered the commencement of his trial uncertain. He argues that this prolonged detention without trial constitutes an unjust infringement of his rights and that he is eligible for mandatory bail under the circumstances.

#### **Consideration**

Article 23(6) (a) of the Constitution provides that where a person is arrested in respect of a criminal offence, that person is entitled to apply to the court to be released on bail and the court if satisfied shall release such person on bail. Furthermore, Article 23(6) (c) of the constitution, stipulates that a person who has been on remand for more than 180 days without committal is entitled to bail.

Counsel for the applicant during the hearing argued that the applicant spent over 240 days in prison without committal. He argued that the applicant was committed after he had clocked the mandatory period. Counsel for the state left it to court, he argued that the applicant first appeared in the magistrate's court on the 25th March 2024 and was committed on the 20th March 2025 and the application for mandatory bail was filed on the 19th February 2025

After reviewing the affidavit evidence and the Applicant's submissions, this Court finds that the Applicant was detained on remand for over six months without committal to the High Court for trial, exceeding the mandatory procedural timeline. The subsequent committal, occurring only after this period lapsed, must

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be weighed in the Applicant's favor, particularly in the context of any relief sought, such as bail, to prevent further prejudice.

The Court is also satisfied that the Applicant has a fixed place of abode in Lusanja Village, Kitezi Parish, Kasangati Town Council in Wakiso District, and has provided credible sureties willing to ensure his attendance in court. The Applicant has undertaken not to interfere with prosecution evidence or witnesses, and there is no evidence of previous criminal conduct or flight risk.

In the interest of justice and pursuant to the constitutional provisions cited, this Court finds it fair and just to grant the Applicant mandatory bail pending the final determination of his case. He is accordingly granted bail on the following conditions;

- 1. He shall execute a cash bail of shs.1, 000,000 /= cash - 2. Each of the sureties shall execute a non cash bond of shs. 5, 000,000/ $=$ not cash - 3. The applicant shall report to the Deputy Registrar of the Criminal Division every last Monday of the each month beginning 30th June 2025.

I so ord $5th$ June