The High Court’s Criminal Division has granted Bryan Kirumira, popularly known as Bryan White, mandatory bail after ruling that he had been held on remand for 293 days without committal to the High Court.
In a ruling delivered on September 3, 2026, Justice Gadenya held that once a suspect charged with an offence triable only by the High Court has spent more than 180 days on remand without committal, the court cannot deny bail because of the seriousness of the charges and can only impose reasonable conditions for release.
Bryan White is facing charges including aggravated human sacrifice, an offence that can only be tried by the High Court.
“The applicant met the constitutional requirements for mandatory bail after remaining on remand beyond 180 days without committal,” Justice Gadenya ruled.
The judge emphasized that Article 23(6)(c) creates a constitutional entitlement to bail once the prescribed period expires, rejecting arguments that the gravity of the offence or public interest could justify continued detention.
“Once the constitutional period has lapsed, the court’s role is limited to fixing reasonable conditions for release, not refusing bail because of the gravity of the offence,” the ruling stated.
The State had opposed the application, arguing that Bryan White was a flight risk, could interfere with witnesses and investigations, and had access to adequate medical treatment while in prison.
However, the court found that those objections were either irrelevant or unsupported by evidence.
Justice Gadenya said allegations that the accused would interfere with witnesses must be backed by specific evidence, such as sworn affidavits or detailed particulars, rather than broad assertions.
“Allegations of interference must be proved with particulars or officer affidavits and cannot be sustained by mere assertions,” the judge held.
Instead of keeping him in custody, the court ruled that any potential risks could be addressed through strict bail conditions.
The court ordered Bryan White’s release after meeting several conditions designed to ensure his attendance in court and protect the integrity of the case.
He must deposit Shs10 million in cash and provide two substantial sureties, each executing a non cash bond of Shs50 million, subject to approval by the Deputy Registrar of the Criminal Division.
The court provisionally accepted two proposed sureties, Bryan White’s uncle and brother in law, pending verification of their documents, while a third proposed surety was not approved based on the evidence presented.
Before his release, Bryan White must surrender his passport and any other travel documents or swear an affidavit if he possesses none.
He is prohibited from leaving Uganda without the court’s permission.
Justice Gadenya also imposed strict movement restrictions.
Bryan White must reside at a fixed address within the court’s jurisdiction and is barred from returning to premises in Badongo Village, Salaama Parish, which prosecutors identified as the alleged scene of the offence.
He cannot change his residence without giving seven days’ written notice to the Deputy Registrar.
The court further prohibited him from entering the Badongo premises directly or through another person unless authorised by the court.
Among the toughest conditions imposed is a complete ban on contacting prosecution witnesses, members of the deceased’s family, or any of his co accused through physical meetings, agents, social media, or electronic communication except in court.
He was also ordered not to interfere with investigations or evidence and must continue reporting to the Chief Magistrate’s Court at Makindye according to the existing court schedule.
If his case is committed to the High Court, he will instead report to the Deputy Registrar of the Criminal Division on the first Monday of every month.
“The applicant shall not, whether in person, through any agent, or by any electronic or social medium, contact any prosecution witness, any member of the deceased’s family, or any of his co accused, except in the presence of the court,” Justice Gadenya directed.
The court also allowed Bryan White to seek treatment from a medical practitioner of his choice at his own expense once released, with prison authorities directed to release his medical records upon request.
The ruling reinforces the constitutional safeguard under Article 23(6)(c), which requires courts to grant mandatory bail to suspects charged with High Court triable offences once they have spent more than 180 days on remand without committal.
Justice Gadenya stressed that courts retain discretion only to impose reasonable conditions of release, not to deny bail after the constitutional threshold has been met.
The case file has now been returned to the Chief Magistrate’s Court at Makindye for further management, including the committal process before Bryan White’s eventual trial in the High Court.
