THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA HOLDEN AT KAMPALA
CRIMINAL MISCELLANEOUS APPLICATION NO.160 OF 2023.
(ARISING FROM CRIMINAL CASE NO.013 OF 2023)
KIFAMUNTE JAMES……..……………………………………APPLICANT
VERSUS
UGANDA…………………………………………………..RESPONDENT
NOTICE OF MOTION
(Under Article 23 (6) (a) & (b) of the Constitution of the Republic of Uganda,
1995 as amended, S.14(1) & 15(3) of the Trial On Indictments Act, Cap 23 and
rule 2 of the Judicature (Criminal Procedure)( Applications) Rules S.I 13-8)
TAKE NOTICE that this Honorable Court shall be moved on this 22nd day of
September, 2023 at 2:30 O’clock in the morning or soon thereafter as counsel for
Applicant can be heard on an application for orders that;
1. The applicant be released on bail pending the hearing of Criminal
Case No.013 of 2023.
2. That this Honorable court makes such orders as is deemed just
for enhancement of justice.
TAKE FURTHER NOTICE that this application is supported by the affidavit of
the applicant which shall be read and relied on during the hearing but briefly the
grounds are that;
1. The applicant is indicted of rape which offence is triable and bailable by this
Honorable Court.
2. The applicant denies commission of the alleged offence.
3. That the applicant has a Constitutional right to apply for bail.
4. That the applicant has fixed place of abode within the jurisdiction of this
Honorable Court.
5. That the applicant has substantial sureties who are ready and willing to ensure
he attends Court whenever required.
6. That the applicant will not abscond once granted bail.
7. That exceptional circumstances exist that justify the release of the applicant on
bail.
8. That it is just and equitable the applicant be granted bail.
Dated at Kampal on this…………day of…………………..2023.
………………………………
M/ S K&K CO. ADVOCATES
(COUNSEL FOR THE APPLICANT)
GIVEN UNDER my hand and seal of this Honourable Court on this………..day
of………………………2023.
………………………………
DEPUTY REGISTRAR
Drawn & Filed By;
K &K Co. ADVOCATES
P.O BOX 11,
KAMPALA.
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA HOLDEN AT KAMPALA
CRIMINAL MISCELLANEOUS APPLICATION NO.160 OF 2023.
(ARISING FROM CRIMINAL CASE NO.013 OF 2023)
KIFAMUNTE JAMES……..……………………………………APPLICANT
VERSUS
UGANDA…………………………………………………..RESPONDENT
AFFIDAVIT IN SUPPORT OF NOTICE OF MOTION
I KIFAMUNTE JAMES of M/S K&K Co Advocates P.O BOX 11, Kampala do
solemnly swear and state as follows;
1. That I am a male adult Uganda of sound mind, the applicant herein and swear
this affidavit in that capacity.
2. That I am a permanent resident of Wakaliga, Rubaga Division, Kampala
District, by occupation.(A Copy of the LC 1 introduction letter are hereto
attached and marked “A”).
3. That I was born on the 21st day of February, 1966 to my parents the late
Walabyeki John and Mrs. Walabyeki Mary of Wakaliga , Rubaga Division,
Kampala District and I am now 55 years old .(A copy of Birth Certificate is
hereto attached and marked ‘’B’)’.
4. That I was arrested on the 3th day of September, 2023 on the allegations that I
performed sexual intercourse on Nabasa Christine aged 25years.
5. That prior to my arrest and detention, I have never been charged with doing a
wrong act.
6. That I have two people namely; Musalwa Joshua my brother the office
supervisor LDC court and Nambale Sharif the coordinator Democratic Party
Rubaga Division, Nanteza Juliet the councilor Gayaza who are willing to stand
for me as sureties and ensure that I attend Court when required.
7. That I and my second wife own a matrimonial home at Wakaliga , Rubaga
Division, Kampala District on land located on Block 180 plot 50. (A Copy of
the Certificate of title is hereto attached and marked “C”].
8. That I will not interfere with state witness.
9. That I shall not abscond once released on bail since I have a permanent place
of abode in Wakaliga , Rubaga Division, Kampala District.
10. That I am ready to accept by all conditions this Honorable Court may provide
and shall ensure I attend Court until the determination of this case.
11. That I am informed by my lawyers whose advise I verily believe to be true and
correct that I have Constitutional right to apply for bail but recognize that the
grant of bail is at Courts discretion and I humbly pray this Honorable Court
exercises it in my favor.
12. That it is fair, reasonable and in the interest of justice that I be released on bail
pending hearing of Criminal Case No. 013 of 2023.
13. That I swear this affidavit in support of the application for grant of bail to the
applicant pending trial of Criminal Case No.013 of 2023.
14. That whatever I have stated herein above is true and correct to the best of my
knowledge and belief save for the information which is based on the source I
have herein disclosed.
SWORN at KAMPALA………day of September 2023.
By the said KIFAMUNTE JAMES …………
DEPONENT
BEFORE ME,
…………………… …………..
JUSTICE OF PEACE
Drawn & Filed By;
K&K Co. ADVOCATES
P.O BOX 11,
KAMPALA.
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA HOLDEN AT KAMPALA
CRIMINAL MISCELLANEOUS APPLICATION NO.160 OF 2023.
(ARISING FROM CRIMINAL CASE NO.013 OF 2023)
KIFAMUNTE JAMES……..……………………………………APPLICANT
VERSUS
UGANDA…………………………………………………..RESPONDENT
SUMMARY OF EVIDENCE
LIST OF WITNESSES
1. Applicant.
2. Others with leave of Court.
3. .
LIST OF DOCUMENTS
1. LC1 Introduction Letter.
2. A copy of Birth Certificate.
3. Others with leave of Court.
LIST OF AUTHORITY
1. The Constitution of the Republic of Uganda, 1995 as amended.
2. The Trial On Indictment Act, Cap 23.
3. Judicature (Criminal Procedure Applications) Rules S.I 13-8).
4. Others with leave of Court.
Dated at Kampala on this…………day of…………………..2021.
………………………………
Counsel for Applicant.
GIVEN UNDER my hand and seal of this Honourable Court on this………..day
of………………………2021.
………………………………
DEPUTY REGISTRAR
Drawn & Filed By;
K&KCo. ADVOCATES
P.O BOX 11,
KAMPALA.
