THE REBULIC OF UGANDA
IN THE CHIEF MAGISTRATES COURT OF MUKONO
AT MUKONO
CRIMINAL MISC APPLICATION NO 07 OF 2019
(ARISING FROM CRIMINAL CASE NO 35 OF 2019)
PROTEST NWAGE………………………..APPLICANT/ACCUSED
VS
UGANDA………………………………………RESPONDENT/PROSECUTOR
NOTICE OF MOTION
(Under Article 23(6) of the Constitution of the Republic of Uganda, Section 75 of the
Magistrates Courts Act Cap. 16)
TAKE NOTICE that this court shall be moved on the 17th day of October,2019 at 8:00 o’clock in
the forenoon or soon thereafter as the Applicant will be heard on Application that or orders
that.
That the Applicant be released on bail pending the hearing of criminal case No 35 of 2019.
Take further notice that this Application is supported by the Affidavit of the Applicant herein
which shall be read and relied upon at the hearing but briefly they are that.
1. The Applicant was arrested and charged with the offence contrary to section 254 and
261 of the Penal Code Act Cap. 120and the offence of Malicious Damage to Property
contrary to section 335 of the Penal Code Act Cap. 120 on the 19 th day of September,
2019.
2. That it is the Applicant’s constitutional right to apply for bail.
3. That the Applicant has sound and stable sureties within the jurisdiction of this
Honorable Court who undertake that the Applicant will comply with the conditions of
Bail.
4. That the Applicant has a fixed place of abode within the jurisdiction of this Honorable
Court.
5. That exceptional circumstances exist to justify the release if the Applicant on bail.
6. That it is in the interest of justice that the Application is granted.
Dated at Kampala this 16th day of October 2019
Protest Nwage
APPLICANT
Lodged in the Court Registry this 16th day of October, 2019
……………………………….
ASSISTANT REGISTRAR
THE REBULIC OF UGANDA
IN THE CHIEF MAGISTRATES COURT OF MUKONO
AT MUKONO
CRIMINAL MISC APPLICATION NO 07 OF 2019
(ARISING FROM CRIMINAL CASE NO 35 OF 2019)
PROTEST NWAGE………………………..APPLICANT/ACCUSED
VS
UGANDA………………………………………RESPONDENT/PROSECUTOR
AFFIDAVIT IN SUPPORT OF NOTICE OF MOTION.
I Protest Nwage of Luguzi Village, Bukasa, Mukono District do solemnly swear/affirm and state
as follows.
1. That I am a male adult of sound of mind and of the above particulars an accused in
Criminal Case No 35 of 2019 and therefore having capacity to swear this Affidavit.
2. That I was arrested on the 19th day of September 2019 and charged with the offence of
theft contrary to section 254 and 261 of the Penal Code Act Cap. 120 and the offence of
Malicious Damage to Property contrary to section 335 of the Penal Code Act Cap. 120.
3. That I am 70 years old and a sole bread winner of my family.
4. That I am a resident of Luguzi village, Bukasa, Mukono District and therefore have a
fixed abode within the jurisdiction of this Honorable Court (see attached letters of
introduction to the LC 1 Chairman.)
5. That I have produced substantial sureties with good repute who undertake that I will
fulfill the terms of my bail if granted and also ensure that I attend court regularly when
required by this Honorable Court. The first surety is Mr. Nsamba Isaac, a male adult
aged 35, Ugandan of sound mind of Luguzi village, Bukasa, Mukono district. He is a
lawyer working with Nsamba and Co. advocates located in Mukono district.
6. That following the long period spent in detention without trial, I believe that my rights
to a fair and expeditious trial have been violated.
7. That I have no previous criminal proceeding or record against me.
8. That I undertake to abide by the terms and condition imposed by this Honorable Court
and I ensure that I will attend court whenever required by this Honorable court.
9. That whatever I have stated herein is true and correct to the best of my knowledge and
belief and whatever is from without the source disclosed.
Sworn at Mukono this 16th date of October 2019.
By the said.
Protest Nwage
Deponent
BEFORE
……………………………….
Commissioner of Oaths
DRAWN AND FILED BY
FIRM E1A and Co. Advocates
