BISHOP STUART UNIVERSITY

GROUP 3

GROUP 3 MEMBERS

1. NKWASIBWE MICHEAL 21/BSU/LLB/2618

2. WESIGE RONALD 21/BSU/LLB/2614
3. KICONCO RITAH 17/BSU/LLB/024
4. AYEBARE RUTAKIRWA 21/BSU/LLB/2039
5. TWESIGYE ANDREW 21/BSU/LLB/1057
6. BARIGYE VICTOR MASTIKO 21/BSU/LLB/2048
7. MUGISHA RONALD 21/BSU/LLB/2616
8. NANKUNDA MOSES 22/BSU/LLB/0535
9. ARUHO HERBERT 21/BSU/LLB/2621
10. ORISHABA ALLELUAH 21/BSU/LLB/1060
11. AKANGA RONALD 21/BSU/LLB/1034
QUESTION
3. (a). The procedure regarding bail applications as is in the chief magistrate’s court is
rather different from that that is followed in High court. Upraise the statement
(b). Imagine any scenario in which a capital offence was committed and draft bail
application documents.
The definition of bail was given in the case of Lawrence Luzinda V Uganda [1986] HCB 33,
where it was defined by justice Okello and he stated that bail is an agreement between the court,
and the applicant consisting of a bond with or without a surety for reasonable amount as the
circumstances of the case permit conditioned upon the applicant appearing before such a court on
a date and time as name in the bond to start his trial.

The right to bail is a constitutional protection of the right to personal liberty articulated in Article
23 (6) (a)1 which provides that where a person is arrested in respect of a criminal offence the
person is entitled to apply to the court to be released on bail, and the Court may grant that person
bail on such conditions as the it considers reasonable. It is clearly based on the presumption of
innocence which must thus not be denied lightly. An accused person charged with a criminal
offence must be informed of his right to bail and it is not a constitutional right to automatic bail
but a right to apply for bail. This right is further provided for in section 62constitution (bail
guidelines for courts of judicature) (practice) directions, 2022 to the effect that Where a
person is charged with or convicted of a criminal offence, he or she may apply to court to be
released on bail and the court may grant that person bail on such conditions as the court
considers reasonable

The power of a chief magistrate to grant bail is provided for in section 75 (3)3. It stipulates that a
chief magistrate has powers to direct that any person to whom bail has been refused by the lower
court within the area of his or her jurisdiction, be released on bail but the offence for which the
accused faces must not be one that falls under subsection 2.

The procedure for applying for bail specifically mandatory bail in magistrate courts is provided
in Section 114 that an application for mandatory bail may be oral in the Magistrate’s Court. In
addition, Rule 3, Judicature (Criminal Procedure) (Applications)(Rules) S.I 13-8 provides
that the application for bail may be made orally if the accused person is produced in court and
this applies before a magistrate.

1
Constitution of the Republic of Uganda
2
The constitution (bail guidelines for courts of judicature) (practice) directions, 2022
3
Magistrates court Act cap 19
4
The constitution (bail guidelines for courts of judicature) (practice) directions, 2022
  The procedure for bail application in the High Court is provided for in Trial on
Indictment Act5section 14 which stipulates that the High Court may at any stage of the
proceedings release an accused person on bail; that is to say, on taking from him or her a
recognizance consisting of a bond, with or without sureties, for such an amount as is
reasonable in the circumstances of the case, to appear before the court on such a date and
at such a time as is named in the bond. The application for bail is formally presented as a
Notice of Motion.

 The Notice of Motion must be supported by an affidavit, where the accused person states
the grounds for the application.

 The next step is to pay filling fees for the application which must be paid in the bank.

 The application is filed in the High Court registry located in the area of jurisdiction where
the accused person is charged.

In case bail is before the High Court and sometimes the Magistrate Court, the application has to
be made by way of motion supported by an affidavit. Furthermore, S.15 (1) 6provides that Court
may refuse to grant bail where a person accused of an offence specified in Subsection (2) if he
or she does not prove to the satisfaction of the Court – a) that exceptional circumstances exist
justifying his or her release on bail; and b) that he or she will not abscond when released on bail.
In S. 15 (3) exceptional circumstances mean – (a) grave illness certified by a medical officer of
the prison or other institution or place where the accused is detained as being incapable of
adequate medical treatment while the accused is in custody. This was observed in the case of
Capt. Wilberforce Serunkuma Vs. Uganda [1995] I KALR 32 The applicant was charged
with aggravated robbery and had been on remand for eight months. He brought an application for
bail basing on the exceptional circumstances of grave illness. In his affidavit supporting the
application the applicant deponed that he was an AIDS Victim and needed constant care which
he could not get while in prison. He brought documents to prove that he had been attending
AIDS clinics like TASO. It was held that where satisfactory evidence of AIDS is adduced, a
court may consider the circumstances of the case and in the absence of a certificate from the
medical board hold that AIDS is grave illness, and to justify grant of bail, the applicant has to

5
Cap 25
6
The Trial On Indictment Act Cap25
prove to the satisfaction of the court that he was incapable of getting adequate treatment whilst in
custody. In this case, all the applicant had were documents from TASO indicating that he was an
AIDS victim and no report was made by any doctor who treated him at Luzira or mbuya military
hospital to show that he could get adequate treatment whilst in custody.

In summary, the main difference between the procedure for bail application in the High
Court and Chief Magistrate Courts of Uganda lies in the formality and structure of
applications—oral versus written—and additional procedural steps required at high court
that is application being supported by an affidavit

NO 3 (b)

This is a scenario where Wesige Nalukoola who is a resident of Rubaare –Ntungamo district was
arrested on12/11/2024 on charges of rape to Rubaare police station. On 30/11/2024, the charges
were read to him at Ntungamo chief magistrate courts and later remanded to mbarara central
prison.he has come to you as a senior cousel of Shunubi musoke co. advocates ,Mbarara to help
him and draft the required documents.
Bail application

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT MBARARA

CRIMINAL MISCELLANEOUS CAUSE NO…………..OF 202…..

ARISING FROM MISCELLANEOUS CAUSE NO………OF 202………….

WESIGE NALUKOOLA…………………………..APPLICANT

VERSUS

UGANDA………………………………………………RESPONDENT

NOTICE OF MOTION

Under Article 23(6)(c) and 28(3)(a) of the Constitution of the Republic of Uganda, Section
14 and 15 Trial and Indictment Actcap25, Rules 2 and 4 of the Judicature (Criminal
Procedure)(Applications) Rules S1 13-8 paragraphs 10 and 11 of the Judicature (Bail
Guidelines for courts of Judicature(Practice) Directions 2022)

TAKE NOTICE THAT this honorable court shall be moved on the …………….day of ……20
at ……….O’clock in the afternoon or soon thereafter as counsel for the Applicant can be heard
on an application for orders that;

1. The Applicant who is remanded at mbarara central prison be released on bail pending his
trial.
2. Consequential directions be made to regulate the bail.

TAKE FURTHER NOTICE THAT the grounds of this application are contained in the
affidavit of WESIGE NALUKOOLA , the applicant herein , which shall be read and relied upon
at the hearing of this application but briefly they are;

a) That the applicant has a constitutional right to apply for bail

b) That the applicant was arrested and charged with the offence of rape contrary to section 110
and 111 of the penal code Act Cap128 which is triable and bailable by this Honorable court.
c) That the applicant has spent 198 days on remand and I entitled to be released on bail.
d) That the applicant has a fixed abode in Rwemiriro village, Rubaare subcounty , Rushenyi
county Ntungamo District which is within the jurisdiction of this honorable court.
e) That the applicant has substantial sureties who are willing to ensure compliance with bail
conditions once the applicant is released on bail
f) That the applicant is a 60 year old therefore a person of advanced age with ailments
associated with old age, to wit, high blood pressure and prostate cancer.
g) That the applicant has serious ailment of kidney failure that requires frequent visits to a
professional doctor which he wouldn’t be able to access while at mbarara central prison and
that before his arrest, he was undergoing treatment, and which can only be obtained when he
is outside prison.
h) That the applicant is the bread winner and caretaker of his 8 months pregnant wife.
i) That the applicant shall not abscond if released on bail and is willing to abide by the bail
conditions imposed by this Honorable court.
j) That it is in the interest of justice that this application be granted.

Dated 01/04/2024

ORISHABA ABLE

COUNSEL FOR THE APPLICANT

LODGED in this Honourable court…………..day………2025

……………………………………

DEPUTY REGISTRAR

DRAWN & FILLED BY;

SHONUBIMUOKE COMPANYADVOCATES

P.O.BOX 223 MBARARA,

AFFIDAVIT IN SUPPORT OF THE APPLICATION

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT MBARARA

CRIMINAL MISCELLANEOUS CAUSE NO…………..OF 202…..

ARISING FROM MISCELLANEOUS CAUSE NO………OF 202………….

TUMUMYE JOHNBOSCO…………………………..APPLICANT

VERSUS

UGANDA………………………………………………RESPONDENT

AFFIDAVIT IN SUPPORT OF NOTICE OF MOTION

I WESIGE NALUKOOLA of Rubaare -Ntungamo do hereby solemnly swear and state as

follows.

a) That I am a male adult Ugandan of sound mind aged 60 years and the applicant herein in
which capacity I depone this affidavit.
b) That the applicant has a fixed abode in kamukuzi which is within the jurisdiction of this
honorable court.
c) That on 12 /11/2024, I was arrested and detained and at Rubaare police station.
d) That I was first arraigned in the chief magistrate court of Ntungamo on 30/11/2024, the
charges were read to me and I was remanded to mbarara central prison
e) That since the date I was remanded, the case has come up for mention several times as
indicated in my remand warrant.
f) That I have been in custody for over 180 days but have not yet been committed to High court
for trial.
g) That I am of advanced age with ailments associated with old age, to wit, high blood pressure
and prostate cancer and serious ailment of kidney failure that requires frequent visits to a
professional doctor which I wouldn’t be able to access while at mbarara central prison and
that before my arrest, I was undergoing treatment, and which can only be obtained when he is
outside prison.
h) That when released on bail, I will not abscond or violate any other bail terms set by this
Honorable court.
i) That I depone this affidavit in support of this application for release on bail, pending my trial
believing that the contents thereof to be true and correct to the best of my knowledge and
belief.

By the said;

WESIGE NALUKOOLA

Wesige nalukola

DEPONENT

Sworn before me…….this……day of 2025 at……………

COMMISSIONER OF OATHS