KAMPALA-The High court of International Crimes Division (ICD) has dismissed the bail application which was filed by Chelimo Julius , Bukwo district LC.5 Chairperson and two others charged with Aggravated defilement and promoting trafficking in children.
Kiplim Felix (2nd Applicant) was arrested on 2nd November 2022, and charged with the offence of Promoting Trafficking in Children C/s 7ia) of the Prevention of Trafficking in Persons Act, 2009.
Kwemoi Joshua (3rd Applicant) was also on 2nd November, 2022, and charged with Aggravated Trafficking in Children C/s 3a) and 5(a) of the Prevention of Trafficking in Persons Act, 2009.
They were arraigned before the Chief Magistrate of Kira Chief Magistrate’s Court on the 2nd day of November 2022 and subsequently remanded to Luzira Upper Prison before committal to the High Court on 15th March 2023.
The accused persons through their lawyers applied for bail on grounds that its their constitutional right since they are still presumed innocent, they will not interfere with the investigations , they have substantial sureties, they have fixed places of abode and they are ready to abide by all bail terms.
On declining to grant bail, Justice Andrew Bashaija noted that his findings are that basing on the influence, powers and connections of Chelimo, there are high Chances of interferring with witnesses.
“For instance, regarding the victim, Emelda Chebet, it is alleged that the 1st Applicant repeatedly defiled her in different places on diverse dates. These are serious allegations which cannot be taken lightly, and they involve the co-accused who provided a dwelling place for the commission of the offence and transporting and harbouring of the victim.” Ruled court
The judge also emphasized that allegations strongly suggest that the 1st Applicant is likely a repeat offender even when such allegations are yet to be proved beyond reasonable doubt at the trial.
“After carefully balancing the rights of the Applicants in respect of the two cases and the interests of justice, court is reluctant to grant bail to the Applicants. The respective applications for bail are accordingly dismissed. This finding applies to; and disposes of Criminal Miscellaneous Application No.008 of 2023 (Arising from Criminal Case No HTC-00 -ICD – SC – 0005- 2023). To avoid further delay, both case files are re-allocated to another pre-trial Judge.”
All the applicants will continue being on remand untill when their matter will be fixed for hearing.