Kimani Hiram

Bail Application

Brief facts

1. In 1st January 2025, the complainant was on duty when he saw a motor vehicle speeding while
carrying a heavy luggage.
2. He was speeding at 140 kilometers per hour trying to evade the police check.
3. The passenger a cross boarder businessman is a Ugandan holding a Ugandan passport.
4. The driver one Jokichana Zachary and the passenger Dradori Dosiano were escorted at Arua
police station with their luggage.
5. A search of the luggage revealed that they were carrying 200 malacomys longpipes known as
long-footed rats and 95 stratomys species known as fat mice. These were recovered by the
complainant.
6. These were suspected to be contraband goods because it was not normal for people to carry or
even eat such things.
7. A further search revealed that the suspect had an Alpha combat pistol.
8. The complainant confiscated all suspected items and took them as police exhibits and promptly
arrested the passenger.
9. The passenger and his rider were escorted to the police station with the exhibits of the seized
items.
10. They were then detained in police custody and the suspected creatures and pistol exhibited and
put In police custody pending court action.

Task

Remedy. Apply for bail

Under Article 28 of the constitution of Uganda, he is presumed to be innocent until proven guilty.

In Uganda v Dr. Kizza Besigye Constitutional Reference No. 20 of 2005 court held that the applicant
should not be deprived of his/her freedom unreasonably and bail should not be denied merely as
punishment as this would conflict with the presumption of innocence.

THE REPUBLIC OF UGANDA

IN THE CHIEF MAGISTRATE COURT OF UGANDA AT ARUA

CRIMINAL. MISC. APPLICATION NO……….OF……………………………2025

(ARISING FROM CRIMINAL SESSION CASE NO…………………………….OF 2025

DRADRIA DONASIANO…………………………………………………………………………..APPLICANT

VERSUS
 UGANDA…………………………………………………………………………………………………RESPONDENT

NOTICE OF MOTION

(Under Article 23(6) of the Constitution of the Republic of Uganda 1995 as Amended, Section 14 of
the Trial on Indictment Act Cap 23, Rules 2 & 4 of the Judicature (Criminal Procedure) (Applications)
Rules S.I 13-8, and paragraphs 6, 10, 11 and 13 the Constitution (Bail Guidelines for Courts of
Judicature) (Practice) Directions 2022)

TAKE NOTICE that this honorable court shall be moved on the day of 2025 at O’clock in the
forenoon or soon thereafter as Counsel for the Applicant can be heard on an application for orders that:

1. The Applicant be granted bail on such terms as the court deems fit pending hearing
and determination of criminal case No of 2025.
2. Costs be provided for.

TAKE FURTHER NOTICE that this Application is based on the grounds contained in the Affidavit of
Jokichana Zachary the Applicant herein which shall be read and relied upon at the hearing but briefly
they are:

a) THAT the Applicant has a right to apply for bail.

b) THAT the offence with which the Applicant is charged is bailable.

c) THAT the Applicant is presumed innocent until he pleads guilty or is proven guilty by a court of
law of competent jurisdiction.

d) THAT the Applicant has a permanent place of abode within the jurisdiction of this Honorable
Court.

e) THAT the Applicant has substantial sureties within the jurisdiction of this Honorable Court who
undertakes that the Applicant will comply with the conditions of the bail if granted.

f) THAT the Applicant has no prior charges against him and will undertake to attend court
whenever he is required to appear.

g) THAT it is in the interest of justice that this Application is granted.

Dated at Kampala this………..day of…………….2025

COUNSEL FOR THE APPLICANT

DEPUTY REGISTRA

DRAWN & FILED BY

FIRM D5 & CO ADVOCATES

P.O BOX 7117

Mbarara Uganda

THE REPUBLIC OF UGANDA

IN THE CHIEF MAGISTRATE COURT OF UGANDA AT ARUA

CRIMINAL. MISC. APPLICATION NO………………………..OF……………………………………2025

(ARISING FROM CRIMINAL SESSION CASE NO…………………………..OF…………………………………….2025)

DRADRIA DONASIANO………………………………………………………………………………………………………….APPLICANT

VERSUS

UGANDA………………………………………………………………………………………………………………………………RESPONDENT

AFFIDAFIT IN SUPPORT OF NOTICE OF MOTION

I, DRADRIA DONASIANO of Firm D5 & CO ADVOCATES, P.O. BOX 7117, Mbarara Uganda do hereby
solemnly swear and state as follows:

1. THAT I am a male adult Ugandan of sound mind, a businessman aged 31years, the Applicant
herein and I swear this Affidavit in that capacity.

2. THAT I am a resident of Ayira Village but currently remanded at Luzira upper prison.

3. THAT on 1st January 2025 I left home for my appointments in ARU Democratic Republic of Congo
when I encountered a man who introduced himself as Francois saying that he was a Congolese
from Bukavu.

4. THAT Francois came to Uganda briefly and wanted to do business with me.

5. THAT we moved together up to Vurra then he said that he had forgotten something at his hotel
room in Arua.

6. THAT I had my own luggage and he had his.

8. THAT we left the taxi and had to hire another taxi instead.

9. THAT Francois requested me to carry his luggage as he returns to the hotel and said that he
would meet me at the border. I agreed considering that we were already friends and he looked
very nice, responsible and friendly.

10. THAT the luggage which had those creatures and pistol belonged to Francois.

11. THAT I only know Francois by face.

12. THAT on arriving at Koboko, the police intercepted me and when we reached at the police
station, they wanted USD 20,000 so that they could help me.

13. THAT the police officers at the station started checking my luggage and said they found some
things in the luggage. That luggage was not mine.

14. THAT I was taken to an office; my bag checked and it is at this point that those creatures and the
pistol were alleged on me after which I was brought to the police and detained

15. THAT I have been advised by my lawyers Firm D5 & CO ADVOCATES which information I believe
to be true that I have a right to apply for bail as well as a right to a fast and expeditious trial and
given the nature of the charges against me, this trial is likely to drag on for a while which
necessitates my application for bail.

16. THAT I have a permanent place of abode in Arua within the jurisdiction of this Honorable Court
and I am willing to abide by the conditions that may be imposed and will not abscond. (Copies of
my National ID, Tenancy Agreement and letter from the LC1 Chairperson are attached hereto as
Annexures “A”, “B” and “C” respectively.

17. THAT I am further informed by my lawyers that I have a constitutional right to apply for bail
subject to conditions that court may deem fit.

18. THAT I have produced substantial sureties with good reputations and I hereby undertake to
abide by the terms and conditions this court may impose in the event that I am granted
bail(Photocopies of their National IDs and Appointment Letters are collectively attached as
Annexures “D” & “E”)

19. THAT I was further informed by my lawyers that the offence I have been charged with is
bailable.
 20. THAT I have been further advised by my lawyers that this Honorable Court has the jurisdiction to
grant bail and I pray that it be pleased to grant the same.

21. THAT it is in the interest of justice that this application be decided in my favor.

22. THAT whatever I have stated herein is true and correct to the best of my knowledge and belief
save for the information whose source is herein disclosed.

Sworn at Luzira this…………………..day of………………2023 by the said

DRADRIA DONASIANO DEPONENT

BEFORE ME

DRAWN & FILED BY

FIRM D5 & CO ADVOCATES

THE REPUBLIC OF UGANDA

IN THE CHIEF MAGISTRATE COURT OF UGANDA AT ARUA

CRIMINAL. MISC. APPLICATION NO………….OF………….2023

ARISING FROM CRIMINAL SESSION CASE NO………OF 2023

DRADRIA DONASIANO………………………………………………APPLICANT

VERSUS

UGANDA. .…………………………………………………………………..RESPONDENT

SUMMARY OF EVIDENCE

Evidence shall be adduced at the hearing of this application to show that the accused deserves a grant of
this bail application.

LIST OF WITNESSES

1. Any with leave of court

LIST OF DOCUMENTS

1. Introduction letter from the LC1 Arua

LIST OF AUTHORITIES
1. The Constitution of the Republic of Uganda 1995 as amended
2. Trial on Indictment Act, Cap 23
Penal Code Act, Cap 120
3. The Constitution Bail (Guidelines for courts of judicature) practice directions 2022
4. Case laws
5. Other authorities with leave of court

Dated at Kampala this………….day of………….2025

COUSEL FOR THE APPLICANT

DRAWN AND FILED BY

FIRM D5 AND CO ADVOCATES

P.O BOX 7117

Mbarara Uganda