law 11 July 2026 The Observer (Uganda)
Mandatory Bail After 180 Days on Remand: High Court Ruling Sets New Precedent
Uganda's High Court has declared that bail is mandatory for individuals who have been in custody for over 180 days without their case proceeding to the High Court. Justice Paul Gadenya Wolimbwa ruled that courts are constitutionally obligated to release such individuals, irrespective of the severity of their charges. Source: https://observer.ug/news/high-court-rules-after-180-days-on-remand-bail-becomes-mandatory
In a significant legal development, the High Court of Uganda has solidified the right to bail for long-term remand prisoners. Justice Paul Gadenya Wolimbwa, in two separate but landmark rulings, has asserted that courts have a constitutional duty to grant bail to accused persons who have spent more than 180 days in custody without their cases being committed for trial.
This ruling clarifies that individuals facing charges triable only by the High Court are constitutionally entitled to release after 180 days on remand. Crucially, Justice Gadenya emphasized that applicants in such situations are not required to demonstrate exceptional circumstances to qualify for bail.
The judge meticulously interpreted Article 23(6)(c) of the Constitution, noting that while an entitlement to apply for bail is standard, the provision also imposes a duty on the court to release the accused. “The permissive and the mandatory sit side by side, and it would be a mistake to let the former override the latter,” Gadenya stated.
His decisions were made in cases involving Marijani Swaibu and Abdul Nsereko, both of whom had been on remand for extended periods without their trials commencing. The Director of Public Prosecutions (DPP) had opposed their applications, citing the gravity of the charges (murder, aggravated robbery, attempted murder) and a perceived high flight risk.
Justice Gadenya dismissed the DPP’s arguments, holding that once the 180-day threshold is met, the court’s discretion is limited to setting reasonable conditions for release, primarily to ensure attendance at trial and protect the integrity of proceedings. The judge also pointed to the legislative history, noting that Parliament deliberately shortened the period from 360 to 180 days, indicating a clear intent to prevent undue delays.
Furthermore, the court ruled that bail conditions must be proportionate and attainable, stating that requirements which are “practically unattainable” negate the constitutional right. Both applicants were granted non-cash bail of Shs 10 million, with two sureties each bonded for Shs 5 million non-cash.
These rulings represent a substantial shift from previous practices where courts often denied bail even after prolonged remand periods, highlighting the constitutional protection of liberty against excessive pre-trial detention.
Source: The Observer (Uganda)