Human Rights Law
To Grant Or Not To Grant Bail Pending Appeal: A Review Of The Supreme Court’s Decision In Magombe Joshua V. Uganda
Case Review by Gerald Ndobya & Bruno E. Amanya
The recently decided case of Magombe Joshua v Uganda declared the concept of bail pending appeal nonexistent in the Ugandan Human rights regime on ground that there is no constitutional basis upon which the Supreme Court or lower appellate court could grant the same. This decision departs from earlier decisions of the Supreme Court that had allowed bail applications pending appeal. This paper elucidates that the decision in Magombe v. Uganda upsets the constitutionally recognized law on right to apply for bail. The paper also highlights the various factors left in issue by the decision, paying particular interest to the scope of the presumption of innocence and the need for a liberal and general approach to constitutional interpretation.