Kimanyi v Uganda (Criminal Miscellaneous Application 152 of 1993) [1991] UGHC 46 (12 January 1991)

THE REPUBLIC OF UGANDA

I<sup>N</sup> THE HIGH-COURT <sup>O</sup><sup>F</sup> UGANDA AT KAMPALA

MI3C. OR. APPLICATION NO. 152 OF "1993

(ARISING FROM ORIGINAL OR. CASE NO. U "18-17/93 OF BUGANDA ROAD).

JULIUS KAMANYI MUGISA NYARWA :::::::::::::::: APPLICANT VERSUS

, UGANDA :::::::::::::::::::::::::::::::::::::: RESPONDENT. BEFORE: THE <sup>H</sup>ON. MR. JUSTICE E. S. LUGAYISI:

RULING:

The Applicant in this case was charged with the offence **of** issuing a false cheque contrary to section 364(l)(a) of the Penal Code Act. This happened on the 16th December, 1993, before the Chief Magistrate of Mengo, after which the Applicant was remanded.

Since bail in this type of case cannot be granted by the Magistrates Courts unless the accused has been on remand for a continuous period exceeding two hundred and forty days, the Applicant applied to this Honourable Court for bail through his advocate Mr. Nsubuga-Mubiru. This was done under sections 74 and 75 of the- Tl&glstrates Court Act 1970 and section 14A of the Trial on Indictments Decree.

The said application was brought by way of notice ef motion and supported by an affidavit sworn by the Applicant himself. The gist of the said affidavit was that there existed special circumstances justifying the Applicant's release on bail.

Under section 14A (1) of the Trial on Indictments Decree, a person accused of an offence such as this one the Applicant is accused of cannot be granted, bail by

the High Court unless he proves to the satisfaction of the Court that,

- ,:(a) exceptional circumstances exist justifying his release on bail, and - (b) that he will not absond when released on-bail

Sub-section (2) of the above law defines exceptional circumstances to mean, among other things, the following:

- **<sup>C</sup> OOOOOOOOOOOOOOOOOOOOOOOOOOOOr** - Cb^ ooooooooooooooooooooooooooo or - (c) a certificate of No Objection under his hand from the Director of Public Prosecutions<sup>o</sup>

In this application, it would appear counsel for the Applicant applied for a Certificate of No Objection and the State (through the Director of Public Prosecutions) granted the same<sup>o</sup> This Certificate was produced by Counsel for the State (Miss Sheila Nkwasibwe) at the time of hearing this application and was admitted on record as ''Exhibit I am therefore satisfied that the Applicant herein has shown that exceptional circumstances exist justifying his being releasee on bail<sup>o</sup>

Further, counsel for the Applicant produced two sureties, one of them being the Applicant's father (Mr\* Kyomya Kamanyi) aged <sup>55</sup> years and a retired civil servant<sup>o</sup> The court was informed that the said surety resides at Nsambya estate, House No<sup>0</sup> Bo55 and that before the Applicant was remanded, he was living with this surety under one roofo Assurances were made to the court too that should bail be granted to the Applicant, he will continue to stay with his father at Nsambya estate<sup>o</sup> The second surety was the Applicant'<sup>s</sup> first cousin Mr<sup>o</sup> Eric Musana Mugisha

aged 33 years who resides at Kitintale. He works as a Marketing Officer in a Company called Pine Enterprises Ltd. which is situated at Plot 16/2 Jinja Road.

The State did not object to any of the said sureties. I was satisfied with them too, and believe that they will ensure the Applicant's return to court to answer the charge against him.

In the face of the above therefore, I see no reason why I should deny the Applicant bail. I accordingly grant him bail on the following conditions,

(a) he is to execute a bond of Ug. shs.250,000/= CASH.

- (b) he shall report to the Central Police Station once every month (beginning with the 10th day of February, 1994) until this case is disposed of or this order is varried; and - (c) each of his sureties above shall execute a bond of Ug. Shs.1,000,000/= NOT CASH.

I also direct that this file be immediately remitted to the Deputy Registrar(Cr.) to ensure compliance with the order herein.

> E. S. Lugayigi ( AG. JUDGE $12/1/1994.$

## $12/1/94 - 3.19p.m.$ :

Mr. Nsubuga-Mubiru for the Applicant. Miss Sheila Nkwasibwe for the State. Mr. Byamugisha - Court/Clerk.

> E. S. Lugayiti AG. JUDGE $12/1/1994.$

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