Kato v Uganda (Criminal Miscellaneous Application 401 of 2024) [2025] UGHCCRD 10 (17 February 2025)

# <sup>5</sup> THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA (CRIMINAL DIVISION) CRIMINAL MISC. APPLICATION NO. 4OI OF 2024 (ARISING FROM THE CHIEF MAGISTRATE,S COURT OF NAKAWA CRIMINAL CASE NO. 24 OF 2024)

# KATO. IORAM APPI,ICAN't vl:,ttsUS

U(;ANI)A RESP()NI)I]NT

### RULING

### BF'F'ORF' JUSTICF (]AITT'NYA PAUL WOLIMBWA

#### 1.0.1nlrorl uction

to do so.

1'his Application for Bail Pending Trial was brought under Article 23 (6) ofthe Constitution; Section l4 ofthe Trial on Indictment AclCap23; and, Rule 2 ofthe Judicature (Criminal Procedure) (Applications) Rules S.l. 13. The grounds of the Application as containcd in the Notice of Motion and its Supporting Affidavit are that: 20

- l. The offences the Applicant is chargcd with arc bailablc by this Honourable Court. - 2. It is the Applicant's constitutional right to apply for bail. - 3. The Applicant is presumed innoccnt until provcd guilty or until he pleads guilty. - 4. The Applicant has a fixed place ofabodc within thc jurisdiction ofthis Honorable Court. - 5. The Applicant has not absconded bail bcfore, and does not intend to do so ifreleased. - 6. 'Ihc Applicant has substantial suretics who arc each ready and willingto execute a bond to ensure that he complies with thc bail terms, including attending Court as and when rcquired - 30

7. It is in the interest ofjustice that the Application is allowed

The respondent opposed the application on grounds that the applicanl is likely to abscond and when he does, it will be dilficult to trace him lor trial.

conditions for bail, which allows Judicial OfTicers to consider the specifics ofeach case, including flight risk, potential harm to victims, or interference with witnesses. This discretion helps balance individual rights with public safety concerns.

- 10 3. Encouragement of Fairness: Ily allowing bail applications, this provision promotes fairness in the judicial process. It acknowledgcs that being chargcd with an offence does not equate to guilt and provides an opportunily for individuals to maintain their freedom while awaiting trial. - 75 Summarily, Article 23 (6) (a) is significant because it allows accused persons to remain free while awaiting trial, acknowledges the presumplion ofinnocence, and reinforccs thc principle that liberty should not be curtailed unnecessarily.

## Scction l5 (l) [formally section l4(1)l of thc Trial on Indictmcnt Act providcs that:

"The High Courl moy at any slage in the proceedings release the accused person on bail, lhal is to say, on taking/rom him or her a recognizance consisling qf a bond, with or ttithoul surelies, for such qn amount as is reosonable in the circumstances of the case, lo apryar before the court on such a date and at such a lime as is named in lhe bond."

This section empowers the Iiigh Court to grant bail at any stage during proceedings, which has several implications, cncompassing:

- Flexibility in Lcgal Procecdings: 'l-he ability lor the High Court to release an accused person on bail at any point rcflccts an undcrstanding that circumstances can change throughout legal proceedings. 'l'his flcxibility can accommodatc new cvidcnce or changes in risk assessmcnts regarding flight or danger. - 2. Rccognizance Bonds: 'fhe requircmcnt for rccognizance bonds means that individuals can secure their rcleasc by committing financially to appear in court.'l'his mechanism serves as both a deterrent against non-appcarance and a means ofensuring accountability. 95

The applicant argued that he will not abscond if released on bail because he has a fixed place of abode known to court and sureties who arc prepared to exccute a bond and ensure that he complies with the set bail terms.

In considering whether an applicant will abscond ifgranted bail, Scction l6 (4) [formally section l5(4)l ofthe Trial on lndictment Act cnjoins court to consider the following factors:

"(a) llhether the accused has a fixed abode within the jurisdiclion of the court or is ordinarily resident outside Ugando,'

135 (b) Whether the accused has sound securities wilhin the jurisdiction to undertake that the accused shall comply wilh the conditions of his or her bail;

(c) Wether the accused has on a previous occasion when released on bail failed to comply wilh the condilions of his or her bail: and,

(d) Wether there are other charges pending againsl the accused. "

140 This is further emphasizcd by Guidcline l3 (l) ofthe Constitution (Bail Guidelines for Courts of Judicature) (Practicc) Dircctions, 2022, which provides an extensivc list of factors court should take into considering when handling a bail application. Guidelinc l3 (l) of the said Guidelines provide as follows:

"A court shall consider the following in handling o bail application

- 745 a) Gravity of the offence; - b) Nature of the offence; - c) The anlecedents of lhe appliconl so far as they are known,' - d) The possibility of a substantiol deloy of the trial: - e) The applicants age, physical and mental condition; - 150 J) The likelihood of the applicant to attend court - c) The stage of lhe proceedings; - h) Ihe likelihood o/the applicant lo commit an ofence while on bail, - i) The likelihood of the applicant interfering with witnesses - i) The safely of lhe applicanl, lhe communily, and the complainants: - k) Whether the applicant has afixed place ofabode...; 155

185 So, even though the Applicant has provided documentation in court showing his address in terms ofvillage, Parish and District, he neglected to provide any identification documentation for court to ascertain his identity. This makes it difficult for court to identify the applicant and satisfy itsclf as to the correctness ofthe person they are dealing with.

#### 190 ii. SubstantialSurctics

Guideline l5 ofthe Constitution (Bail Guidelines for Courts ofJudicature) (Practice) Directions, 2022 provides that:

"(1). When considering the suitability of a surety, court shall toke inlo account the following fdctors-

195 a) The age oflhe surety:

21,O

- b) Work and residence address of the surety; - c) Character and antecedents ofthe surety: - d) Relationship to lhe accused person: and - e) Any other faclor as the court may deem Jit.

200 (2) Subject to sub paragraph (l), the proposed surety shall provide documentary proof including;

- a) a copy of his/her nalional identity card, passport or aliens identificalion; - b) an introductory lelter from the local council chairperson of the srea where the surely is ordinarily resident; - c) Asylum seeker or refugee regislralion documents issued by the Office of the Prime Minisler. "

The aforementioned Guideline assists thc court in evaluating the appropriateness of sureties provided by an applicant.

The applicant asserts on record that he possesses significant sureties willing to act as guarantors and ensure his appearance for trial. At paragraph l0 of his Affidavit in support, the Applicant presented five sureties as follows:

- l. Mr. Buzibye George Biological Father. - 2. Mrs. Nabiryo Oliva Biological Mother.

Ms. Apolot Joy Christine, Senior Statc Attorncy for the Respondcnt Applicant present Mr. Kagwa Court Clerk The ruling is read.

.,!.^ .l

Gadenya Paul Wolimbwa JUDGE.

255 lTth February 2025