#SC/LDC/45086/LA
LDC
LEGAL ALERTS
In considering an application
for bail pending appeal the
only means by which the
Court can assess the
possibility of success of the
appeal is by perusing the
relevant record of
proceedings, the judgment of
the Court from which the
appeal has emanated, and
the memorandum of the
appeal in question.
Our Courts have the policy of
first in and first out in criminal
cases and there is no
guarantee that a fresh filed
appeal will not delay.
With Farewell Message to
the Late Hon. Lady Justice
Stella Arach-Amoko
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1. The Supreme Court has Jurisdiction to grant bail
pending appeal
“…The jurisdiction of this Court to grant bail pending
appeal is provided under Rules 6(2) (a) of the Rules of
this Court. It reads: “Subject to subrule (1) of this rule, the
institution of an appeal shall not operate to suspend any
sentence or to stay execution, but the court may in any
criminal proceedings, where notice of appeal has been
given in accordance with rules 56 and 57 of these Rules,
order that the appellant be released on bail or that the
execution of any warrant of distress be suspended
pending the determination of the appeal.” `It cannot be
over emphasized that bail pending appeal is not a right
but it is granted at the discretion of Court which should
be exercised judiciously and each case must be
determined on its own merit and circumstances. See;
Arvind Patel v Uganda No.1 of 2003, Imere Deo v Uganda
No.2 of 2015, Busuulwa Bulasio v Uganda No. 06 of 2015
and Kato Kajubi v Uganda No. 2 of 2016. The above cases
have further stated that at this stage, the appellant is a
convict in at least two Courts. He is no longer wholly
shielded by the presumption of innocence. His only right
is thus the right of appeal. The applicant at this stage has
an incentive to jump bail. Therefore the conditions are
likely to be applied more stringently.
2. In considering an application for bail pending appeal
the only means by which the Court can assess the
possibility of success of the appeal is by perusing the
relevant record of proceedings, the judgment of the Co-
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urt from which the appeal has emanated, and the
memorandum of the appeal in question
In a plethora of cases, following the case of Arvind Patel v
Uganda (supra) this Court has laid down the guidelines
for the grant of such applications set out earlier in Mr.
Mpanga’s submissions summarized in this Ruling. I will
not repeat them, but will proceed to apply them to the
facts and the circumstances of the instant case with the
following findings and conclusion: Regarding the first
three conditions, I do not find any controversy. He is a
family man, there is no record of any previous conviction
and he was not convicted of any offence of a violent
nature. No affidavit was filed by the respondent to
controvert these assertions. Regarding the possibility of
success, in Arvind Patel v Uganda (supra) followed in the
case of Imere Deo v Uganda (supra), this Court held that:
“In considering an application for bail pending appeal
the only means by which the Court can assess the
possibility of success of the appeal is by perusing the
relevant record of proceedings, the judgment of the Court
from which the appeal has emanated, and the
memorandum of the appeal in question.” The applicant
has, in line with the above authorities, attached the
relevant documents as annexure “A” including; the
judgments from the courts below, the Notice of Appeal
and the Memorandum of Appeal setting out the grounds
of Appeal. I have perused the said documents and
carefully considered the submissions of both learned
Counsel. I am satisfied that the points raised by Mr.
Mpanga which I have summarized earlier on in this Ruling
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especially the issue of coram, will require serious
consideration by this Court. In my considered opinion,
therefore, the appeal is not frivolous. I have, of course,
refrained from delving into the issues raised at this stage
as it will be for the full bench to determine at the
appropriate time.
3. Our Courts have the policy of first in and first out in
criminal cases and there is no guarantee that a fresh
filed appeal will not delay
On the issue of substantial delay the applicant avers that
there will be a substantial delay in hearing his case. In my
view this is speculative and without evidence. As Mr.
Kinobe rightly pointed out, the Court is now fully
constituted. But then we still have the policy of first in and
first out in criminal cases and there are several pending
appeals that were filed in this Court before the one of the
applicant. So, there is no guarantee that the appeal will
not delay in this Court. On the issue whether the
applicant complied with bail conditions granted after the
applicant's conviction and during the pendency of the
appeal, in the case of Kato Kajubi v Uganda (supra) this
Court re-affirmed its position that: “…the main purpose
for bail pending appeal is that the court must be satisfied
that the applicant will comply with bail conditions and be
available to attend trial or the appeal.” The burden
therefore lies on the applicant to satisfy court that the
application warrants the grant of bail pending appeal
and that if granted bail, the applicant will not abscond. In
the instant case, the applicant deponed in paragraph 10
that he complied with the bail conditions both in the High
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Court and the Court of Appeal and attached his bail
application form as annexure “B”. He further deponed
that he has a fixed permanent place of abode and
attached a copy of the title deed to property comprised
in Kyadondo Block 255 Plot 1334 Munyonyo registered in
his wife’s name thereto. These factors favour the
applicant’s grant to bail. He has also produced the same
sureties he produced in the Court of Appeal to prove that
they will ensure that the applicant will not abscond if
released on bail pending appeal. I have seen them and
perused their particulars. I find them substantive…The
applicant further deponed in paragraph 13 of his affidavit
that he suffers from severe hypertension with an
enlarged heart. A perusal of the medical report dated
27th March, 2018 confirms that he suffers from moderate
to severe hypertension with an enlarged heart and poor
function of the left ventricle as well as gross obesity with
high serum (blood) cholesterol levels which pose a high
risk of cardiac complications. Given the potential risk to
his health that may require constant checking and
monitoring, this in my opinion further compels me to
warrant bail pending appeal. I have not been shown any
medical report to the contrary by the respondent. In the
premises, I take judicial notice of the fact that the
applicant stands a high risk of suffering a cardiac arrest
while in prison and may even end up dying before having
his day in court thus rendering the appeal nugatory. From
the foregoing I am satisfied that the applicant has met
the criteria for the grant of bail pending appeal and I
hereby grant the application on similar orders as in the
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Court of Appeal...”
DAVID CHANDI JAMWA VERSUS UGANDA
SUPREME COURT MISCELLANEOUS APPLICATION NO. 09
OF 2019
JUDGMENT BY JUSTICE: ARACH-AMOKO, JSC ON MAY 15,
2018
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Farewell to the Late
Hon. Lady Justice
Stella Arach-Amoko
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LDC LEGAL ALERT #Farewell Message
Today, we gather with heavy hearts to bid you a final
farewell. Your passing has left an indelible void in our
hearts and in the halls of justice. Your tireless dedication,
unwavering commitment, and profound wisdom have
left an indelible mark on the legal landscape of our
nation.
Throughout your distinguished tenure on the Supreme
Court, you embodied the true essence of justice. Your
unwavering belief in the rule of law and your relentless
pursuit of fairness and equality were an inspiration to all
who had the privilege of witnessing your brilliance in
action. You brought clarity to complex legal issues, and
your eloquent opinions served as guiding lights for
generations to come.
Your remarkable legal career was a testament to your
unyielding commitment to upholding the Constitution
and safeguarding the principles upon which our nation
was built. Through your intellect, integrity, and
impartiality, you earned the respect and admiration of
colleagues, legal scholars, and the Ugandan people alike.
Your profound impact on the Supreme Court and our
society will endure for countless years to come.
Beyond your legal prowess, you demonstrated great
compassion and empathy in your interactions with
colleagues and the public. You possessed a rare ability to
listen intently, consider opposing viewpoints, and forge
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LDC LEGAL ALERT #Farewell Message
consensus. Your measured approach to contentious
issues and your unwavering commitment to justice set
an exemplary standard for all who follow in your
footsteps.
Your legacy extends far beyond the courtroom. You
inspired a new generation of legal minds, shaping the
future of the legal profession. Your commitment to
mentorship and your willingness to impart your
knowledge and wisdom to aspiring lawyers will forever be
cherished. Your dedication to public service and the
pursuit of justice serve as a powerful reminder of the
profound impact a single individual can have on society.
As we say our final goodbyes, we take solace in the fact
that your legacy will continue to guide us. We will honor
your memory by upholding the principles you fought so
passionately to protect. We will carry the torch of justice
with unwavering determination and steadfast
commitment.
Hon. Lady Justice Stella Arach-Amoko, your time with us
may have come to an end, but your spirit will forever live
on in the annals of legal history. Your contributions to the
advancement of justice will continue to shape the fabric
of our nation. We are eternally grateful for your service
and the immeasurable impact you have had on our lives.
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LDC LEGAL ALERT #Farewell Message
Rest in eternal peace, dear Justice.
Your light will continue to shine upon us, guiding us
toward a more just and equitable future.
Rest in Pea ce ,
Hon. La dy Ju st ice
Stella Arach-Amoko
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