1. The application, that I am called upon to determine, is the Motion, dated 13th November 2025. It seeks admission to bond/bail, pending appeal.
2. At this level, admission to bond/bail is not automatic. It is not a constitutional right. There is no presumption of innocence, for the appellant is, in fact, a convicted person.
3. According to Arvind Patel vs. Uganda [2003] UGS 25 (Oder, JSC) and Samuel Macharia Njagi vs. Republic [2013] eKLR (Abuodha, J), one of the factors, that would disentitle an appellant to bail/bond pending appeal, is where the offence, for which he was convicted, involved personal violence.
4. The appellant herein has been convicted on 3 counts: 2 of assault and 1 of malicious damage to property. He was convicted of assaulting 2 individuals, and causing them actual bodily harm, and he was sentenced to a fine, with imprisonment in default.
5. Assault, causing actual bodily harm, is an offence involving personal violence. In view of that, bail/bond pending appeal cannot possibly be available to the appellant.
6. There can be no merit in the Motion, dated 13th November 2025, in the circumstances, and I hereby dismiss the same.
7. The matter shall be mentioned on 18th February 2026, for directions on the disposal of the appeal. Orders accordingly.
DELIVERED, DATED AND SIGNED IN OPEN COURT, AT BUSIA, ON THIS 2ND DAY OF FEBRUARY 2026.
WM MUSYOKA
JUDGE
Mr. Arthur Etyang, Court Assistant.
Advocates
Ms. Lang’at, instructed by Ngeri Omuti & Bush Advocates LLP, for the applicant.
Mr. Onanda, instructed by the Director of Public Prosecutions, for the respondent.
2. At this level, admission to bond/bail is not automatic. It is not a constitutional right. There is no presumption of innocence, for the appellant is, in fact, a convicted person.
3. According to Arvind Patel vs. Uganda [2003] UGS 25 (Oder, JSC) and Samuel Macharia Njagi vs. Republic [2013] eKLR (Abuodha, J), one of the factors, that would disentitle an appellant to bail/bond pending appeal, is where the offence, for which he was convicted, involved personal violence.
4. The appellant herein has been convicted on 3 counts: 2 of assault and 1 of malicious damage to property. He was convicted of assaulting 2 individuals, and causing them actual bodily harm, and he was sentenced to a fine, with imprisonment in default.
5. Assault, causing actual bodily harm, is an offence involving personal violence. In view of that, bail/bond pending appeal cannot possibly be available to the appellant.
6. There can be no merit in the Motion, dated 13th November 2025, in the circumstances, and I hereby dismiss the same.
7. The matter shall be mentioned on 18th February 2026, for directions on the disposal of the appeal. Orders accordingly.
DELIVERED, DATED AND SIGNED IN OPEN COURT, AT BUSIA, ON THIS 2ND DAY OF FEBRUARY 2026.
WM MUSYOKA
JUDGE
Mr. Arthur Etyang, Court Assistant.
Advocates
Ms. Lang’at, instructed by Ngeri Omuti & Bush Advocates LLP, for the applicant.
Mr. Onanda, instructed by the Director of Public Prosecutions, for the respondent.