Eyumu v Uganda (Miscellaneous Application 9 of 2023) [2023] UGHCCRD 56 (29 August 2023)

Key Facts

Issues

• Whether the applicant has established a fixed place of abode within the court's jurisdiction, as required under Section 15(4)(a) of the Trial on Indictment Act and the 2022 Bail Guidelines.
• Whether the proposed sureties (Osuku Bosco and Aliano Ruth) meet the suitability criteria under Section 15(4)(b) of the Trial on Indictment Act and the 2022 Bail Guidelines, including their residence, relationship to the applicant, and understanding of obligations.
• Whether the applicant is entitled to bail under Article 23(6)(a) of the Constitution and Section 14(1) of the Trial on Indictment Act, considering the presumption of innocence and the discretionary power of the court.

Holdings

• The court determined that the applicant has a fixed place of abode at Osirima Village, Apapai Parish, Kalaki District, supported by his national ID and a letter of introduction from the LC1 chairperson.
• The court found the sureties (Osuku Bosco and Aliano Ruth) to be substantial, as they are residents of Kalaki District and close relatives, capable of ensuring the applicant's attendance.
• Bail conditions include a cash bond of Shs. 2,000,000, sureties each bound for Shs. 5,000,000, submission of IDs and photos, and monthly reporting to the court starting 2023-09-04.

Remedies

• The applicant and sureties must submit copies of their national IDs and recent passport photographs to the court and the Chief State Attorney in Soroti for record-keeping.
• The applicant is required to deposit a cash bond of Ugandan Shillings 2,000,000 as part of the bail conditions.
• The applicant must report to the Registrar of the Court on the first Monday of each month starting from 2023-09-04 until further court orders.
• Each of the applicant's sureties (Osuku Bosco and Aliano Ruth) is bound to the State of Uganda in the sum of Ugandan Shillings 5,000,000, not in cash.

Legal Principles

• The court applied the principle of presumption of innocence as enshrined in Article 28(3)(a) of the Constitution of Uganda, 1995, emphasizing that the applicant is presumed innocent until proven guilty.
• The applicant's right to liberty under Article 23 of the Constitution and the court's discretion to grant bail on reasonable conditions under Section 14(1) of the Trial on Indictment Act were also central to the ruling.

Precedent Name

• Foundation for Human Rights Initiative Vs Attorney General
• Uganda (DPP) Vs. Col (RTD) Dr. Kiiza Besigye

Cited Statute

• Constitution of Uganda 1995, Article 23(6)(a)
• Constitution of Uganda 1995, Article 28(3)(a)
• Constitution (Bail Guidelines for Courts of Judicature) (Practice) Directions, 2022, Paragraph 15
• Penal Code Act, Sections 285 and 286
• Trial on Indictment Act Cap. 23, Section 15(4)
• Constitution (Bail Guidelines for Courts of Judicature) (Practice) Directions, 2022, Paragraph 5
• Trial on Indictment Act Cap. 23, Section 15(1)
• Trial on Indictment Act Cap. 23, Section 14(1)
• Constitution (Bail Guidelines for Courts of Judicature) (Practice) Directions, 2022, Paragraph 13(k)

Judge Name

Passage Text

• The applicant under paragraph 10 of his affidavit state that before his arrest and detention he was a permanent resident at Osirima Village, Apapai parish, Apapai sub county in Kalaki District and that he does not intend to change his place of residence from the jurisdiction of this court.
• a. The Applicant to deposit a Cash bond of Shs. 2,000,000/-. b. Each of the sureties of the applicant is bound to the State of Uganda in the sum of Shs. 5,000,000/- not cash. c. The Applicant... to report to the Registrar of the Court once a month on the first Monday of each month with effect from 04/09/2023.
• The applicant under paragraph 9 of his affidavit stated that he has two sureties who understand their obligations to this Honourable court... Both are residents of Osirima village, Apapai Parish, Apapai S/county in Kalaki District.