Court grants rape suspect bail after 606 days on remand
Justice Paul Gadenya Wolimbwa on August 25, 2026, granted Bwambale bail pending his committal and trial, after finding that he had crossed the constitutional threshold for mandatory release.
Bwambale was arrested on December 19, 2024, and has since been held at Luzira Upper Prison on a charge of rape, contrary to sections 110 and 111 of the Penal Code Act. (File photi)
________________
The High Court in Kampala has granted bail to Robert Bwambale, who had spent 606 days on remand without being committed to the High Court for trial on a rape charge.
Justice Paul Gadenya Wolimbwa on August 25, 2026, granted Bwambale bail pending his committal and trial, after finding that he had crossed the constitutional threshold for mandatory release.
Bwambale was arrested on December 19, 2024, and has since been held at Luzira Upper Prison on a charge of rape, contrary to sections 110 and 111 of the Penal Code Act.
The offence is triable only by the High Court.
Justice Wolimbwa noted that Article 23(6)(c) of the Constitution requires a person charged with an offence triable only by the High Court to be released on bail on reasonable conditions if they have been remanded for 180 days before being committed to the High Court.
The judge said Bwambale’s 180 days on remand elapsed on June 17, 2025, yet he had remained in custody for 606 days by the time of the ruling.
The judge said the applicant had therefore spent more than three times the constitutional period on remand without being committed for trial.
He said the constitutional provision on mandatory release applies specifically to offences triable only by the High Court.
The judge also rejected the State’s argument that Bwambale had failed to demonstrate exceptional circumstances, holding that such a requirement could not be used to defeat a constitutional entitlement that had already accrued.
The prosecution had also opposed bail on grounds that investigations were still ongoing and that Bwambale could interfere with witnesses.
However, the judge noted that the State had not identified any witness at risk, any alleged interference or any outstanding investigative step.
Justice Wolimbwa also rejected the State’s contention that Bwambale had failed to prove a fixed place of abode because he had not produced a land title or utility bills.
The judge said the law requires an applicant’s residence to be known, ascertainable and traceable, rather than requiring proof of ownership.
Bwambale had told court that he resided in Mulimira zone, Bukoto, Nakawa division, Kampala, and had provided documentation supporting his address.
Each surety was ordered to execute a non-cash bond of sh10m.
Bwambale was ordered to deposit sh1m in court and report to the deputy registrar of the High Court Criminal Division once every month, starting August 31, 2026, and thereafter on the last working day of each month.
He was also ordered to continue attending the Buganda Road Chief Magistrate’s Court on every scheduled date until he is committed to the High Court and thereafter attend the High Court whenever required.
The judge barred Bwambale from contacting, approaching, intimidating or interfering with the complainant or any witness in the case.
He was further ordered to reside at the stated Bukoto address and not change it without notifying the deputy registrar in writing.
The court also ordered him not to leave the jurisdiction without permission and to deposit his passport, if any, with the deputy registrar.
Justice Wolimbwa warned Bwambale and his sureties that breach of the bail conditions could result in cancellation of bail, issuance of a warrant of arrest, forfeiture of the cash deposit and enforcement of the bonds.
The judge also directed the Director of Public Prosecutions to urgently commit Bwambale to the High Court for trial.