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Kyambadde Associates & Legal Consultants



Call us today and lets scheduale an appointment



Call us today and lets sheduale an appointment

Our Mission

To Provide high quality, cost-effective and timely legal services to national and international clients without compromising the ethical and professional standards

Our Vision

Meet and exceed our clients’ expectations and emerge as the prefered Law firm in not only in Uganda but also in the East African Region

Why Us

We have set our selves apart as a law firm that has a clear understanding of the dynamic legal framework that sorrounds it's core areas of practice and hence making us a center of prefference


Our firm is known for it's top tier specialised services in the core practice areas. Our experienced team of lawyers has leveled us with strategies that have proven us worthy and efficient while handling our clients needs on time and without compromise. See our areas of paractice

Coporate and Comercial

Civil Litigation

Land Law

Family Law

Succession Law

Criminal Law


The following services can directly be ordered at an affordable fee directly through our website or by directly calling Us

  • 1 – Bussiness Contracts and Agreements When it is all about Bussiness, let us know, Apart from negotiationg your contract or agreemnt terms we can request for Contract Drafting, Land Sale Agreemnts, Commision Agent Agreements Tenancy Agreemnts.
  • 2 – Bussiness Registration and Company Incoporation When it comes to registration of Bussineses, Incoporating any Type of Company, Trade mark Registration, Filling Annual returns, Company Secretaries, we are at your Service
  • 2 – Affidavits and Statutory Declarations When your cooncern is about registration or drafting of Affidavits or a Statutory declarations in any matter, be it change of Nmae, rectification of the National Government Register, Contact Us and we shall make it done.
  • 4 – TradeMark and CopyRight related services We provide our clients comprehensive of legal services under the trademark and copyright laws. ranging from searching of trademark to disputes related to passing off and infringements of trademark and copy right. We provide services starting from the trademark registry to protection of registered mark by various ways
  • 5 – Probates and Estate Administartion We proved Legal services by way of advising, consulting, pettioning and reporting. Our Clients includes various individuals, families on aquiring letters of probate or administartion of deceased persons estates and on subdivision of property
Frequently Asked Questions
Click the + button to read answers to some of the questions our Clients frequently Ask
How much does an attorney cost?
Attorneys can be extremely expensive or affordable, depending on the case. we strive to be responsible with tour client’s money, and our fees are reasonable and affordable. Of course, hiring the right attorney is far more affordable than hiring the wrong one, as a good lawyer will work passionately to deliver the results you’re seeking.
When do I have to pay you?
Payment depends on the case. In some cases, such as personal injury cases, payment comes out of the settlement itself at the end of the process. In other cases, such as divorce, civil litigation, family mediation, business negotiation, payment is charged on an hourly or contingency basis, depending on the individuals and circumatances involved. Bankruptcy and criminal defense are usually charged on a flat fee basis.
What kind of law do you practice?
We practice a wide variety of law and have built successful reputations in bankruptcy law, family law, divorce, personal injury claims, employment law, employee rights, business litigation, mediation, and much, much more. Chances are, if you’re having a problem, we can help you or recommend the best person who can. Please contact us through the contact form for a free consultation, and we’ll get back to you in no time.
Do you offer free consultations?
Yes! We want to hear about you and learn more about the issues you’re having. Please contact us usingthe contact link or form below and request a free consultation, and we’ll respond right away.
Is there a benefit to hiring a local lawyer?
We believe that there are a lot of benefits to hiring lawyers with lifelong roots in Uganda. We have an intimate, detailed knowledge of how the courts operate in Uganda and the surrounding areas. We also know what the laws are and how to fight for you to deliver your desired results.
Lawyers often have a negative reputations, what makes you different?
We’re very different than most people’s stereotypes about lawyers. We passionately believe in our clients. We listen, we care, and we’re tremendously sympathetic to your issues. We don’t overcharge for our services, nor do we nickel-and-dime our clients. At the same time, we’re fierce in the courtroom and our only aim is to deliver the results that our clients are seeking.
How do I find out if you’ll handle my case?
Please click on the contact us link or fill out our contact form below for a free consultation. If we cannot handle your case, we will be glad to refer you to someone who can.
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Let Us Simplify The Process of Registering A Company in Uganda

Let Us Simplify The Process of Registering A Company in Uganda

Let Us Simplify Your Company Registration Process in Uganda

Expert Legal Services for Company Registration

Registering a company involves various legal steps and documentation. At KALCONS, our team of experienced lawyers is here to manage the entire process for you, ensuring that your company is registered quickly and efficiently.

What is a Company?

A company is a legal entity with the capacity to act independently, similar to a natural person. Created under the Companies Act No.1 of 2012, it provides a structured legal framework for forming and operating companies.

Our Comprehensive Company Registration Services

 Registering a Local Company

To register a local company limited by shares, we handle everything for you, including:
  1. Name Reservation: We reserve the name you wish to use for your company.
  2. Document Preparation and Filing:
  •     - Companies Registration Form (s.18)
  •     - Memorandum and Articles of Association (if any)
  •     - Other necessary company forms, such as:
  •      - A1 – Statement of Nominal Capital
For a local company limited by guarantee, we prepare and file:
- Company Registration Form (s.18)
- Memorandum and Articles of Association

Completing the Registration Process

Once all documents are prepared, we:
- Conduct assessments and pay the registration fees and stamp duty on your behalf.
- Submit the documents to the Registrar of Companies.

Upon registration, the Registrar will issue a certificate of incorporation within two working days.

Post-Registration Compliance

After your company is registered, we ensure all necessary forms are filed in a timely manner:
- Company Form 20: Particulars of Directors and Secretaries (within 14 days)
- Company Form 18: Notice of Situation of Registered Office & Postal Address (within 14 days)
- Company Form 10: Return of allotment (within 60 days)
- Annual Return Form: For a company limited by shares (to be filed annually)

Registering a Foreign Company

For foreign companies wishing to operate in Uganda, we facilitate the registration process by:

1. Document Collection and Certification:

    - Certified copies of the Memorandum of Articles of Association/Charter/Constitution and Certificate from the country of origin, duly witnessed.

2. Filing Registration Forms:

    - Form 24: Particulars of Directors and Secretary
    - Form 13: Statement of all subsisting charges
    - Form 25: List of Names and Address of Persons Resident in Uganda authorized to accept service on behalf of the company.
    - Form 26: Address and Principal Office of Company

Completing the Registration Process

Once all documents are ready, we:
- Conduct self-assessment or pick assessment forms from our office.
- Pay the necessary fees on your behalf.

Upon registration, the Registrar will issue a certificate of registration within two working days.

Why Choose Us?

  • - Expert Guidance: Our lawyers are experts in company registration laws and procedures.
  • - Efficient Service: We handle all the paperwork and legal requirements swiftly.
  • - Peace of Mind: Focus on your business while we manage the legalities.

Contact Us Today!

Ready to register your company? Visit our offices, send us a message, or call us directly. CONTACT US today.  At KALCONS, we make company registration easy and stress-free.
Trust us to handle your company registration process with professionalism and care, ensuring your business starts on the right track.

#CompanyRegistration #LegalServices #BusinessSetup #LocalCompany #ForeignCompany #CompanyIncorporation #CorporateLaw #LegalAssistance #BusinessLaw #CompanyFormation #ProfessionalServices #LegalCompliance #BusinessSupport #StartupServices #CompanyDocuments #EfficientService #ExpertLawyers #BusinessConsulting #CompanyLaw #IncorporationServices
Simplify Your Partnership Business Registration with Our Expert Services

Simplify Your Partnership Business Registration with Our Expert Services

Let Us Handle Your Partnership Setup

Navigating the legal requirements for establishing a partnership can be complex and time-consuming. At KALCONS, we specialize in making this process seamless and efficient for you. Our experienced team of lawyers is ready to take care of everything, ensuring that your partnership is set up correctly and swiftly.

Understanding Partnerships

A partnership, as defined under Section 2 of the Partnerships Act, 2010, is a relationship between 2 to 20 individuals who carry on a business together with the aim of making profits. Unlike a company, a partnership is not a separate legal entity; the property is held by the partners for the business, and the partnership dissolves upon a partner's death unless otherwise agreed.

Types of Partnerships

  1. General Partnership: All partners are fully liable for the partnership’s debts.
  2. Limited Liability Partnership: Only one partner is liable for the debts, while others are liable only to the extent of their capital contribution, similar to a Limited Liability Company.

Our Comprehensive Partnership Registration Service Includes:

  • Preparing the Partnership Deed
Our skilled lawyers will draft a comprehensive Partnership Deed tailored to your specific needs and business goals.
  •  Registering the Business Name
Before registering the partnership, we ensure that the business name is registered. This is a crucial step in distinguishing your business.
  • Submitting Documents
We handle the submission of your Partnership Deed along with the necessary payment receipts to the appropriate authorities.
  • In summary
We guarantee that your processed documents will be ready for pickup within one working day.

Who Can Register a Partnership?

Any two or more persons carrying out business together with the goal of making profits can register a partnership. Our team will guide you through filing the Deed of Partnership and completing all required procedures.

Why Choose Us?

  1. Expertise: Our lawyers are well-versed in partnership laws and regulations.
  2. Efficiency: We ensure that all legal requirements are met swiftly and accurately.
  3. Convenience: Let us handle the paperwork while you focus on your business.

 Contact Us Today!

Ready to establish your partnership? Visit our offices, send us a message, or CALL US today.  At KALCONS, we make partnership registration easy and stress-free.

Trust us to manage your partnership registration process with professionalism and care, ensuring your business starts on the right foot.

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 How to Legally Change Your name in Uganda with Our Expert Services

How to Legally Change Your name in Uganda with Our Expert Services

Streamline Your Name Change Process with Our Expert Services

Make Legal Name Changes Hassle-Free

Changing your name legally involves several steps and compliance with specific regulations. At  KALCONS, we simplify this process, ensuring everything is handled professionally and efficiently. Let us do the hard work so you can focus on your new beginning.

Understanding the Legal Procedure

The legal procedure of changing a name is clearly outlined under:

  • - The Oaths Act, Chapter 19
  • - The Births and Deaths Registration Act, Chapter 309
  • - The Registration of Documents Act, Chapter 81

 Our Comprehensive Name Change Service Includes:

1. Finding a Lawyer

The first step is to find a lawyer well-versed in the legal procedure of changing a name. you do not have to worry about finding one, Our team includes experienced lawyers who will:

  • - Draft a Deed Poll stating the changes you are making and
  • - Guide you through signing the Deed Poll and swearing an Oath or affidavit before an authorized person, i.e a magistrate, a Notary Public, a commissioner for oaths or a justice of the peace.

 2. Registering the Deed Poll

For your Deed Poll to be legally recognized, it must be registered with the government. In Uganda, this registration is done by the Uganda Registration Services Bureau. We handle the entire registration process for you, ensuring everything is properly documented.

3. Gazetting the Deed Poll

After registering your Deed Poll, the next step is to gazette the name change in the Uganda Gazette, published by the Uganda Printing and Publishing Corporation (UPPC). This step notifies the public of your name change and allows for any objections. We manage this process, including:

  • - Submitting the registered Gazette to UPPC.
  • - Paying the necessary gazetting fees.
  • - Providing you with a payment receipt as proof of payment.

Once the Gazette is published, you will be officially recognized by your new name, and the changes can be reflected in your public and private documents.

Why Choose Us?

  • - Expert Guidance: Our knowledgeable lawyers will lead you through the entire process.
  • - Efficient Service: We handle all the paperwork and legal requirements, saving you time and effort.
  • - Affordable Solutions: We offer competitive pricing for our comprehensive name change services.

Ready to Change Your Name?

To have your Deed Poll drafted, commissioned, registered, and having it fully gazette, visit our offices or  CONTACT US and Let KALCONS make your name change process seamless and stress-free.

Embrace your new identity with confidence, knowing that we are here to support you every step of the way!

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How to Register Your Business Name in Uganda Hassle-Free

How to Register Your Business Name in Uganda Hassle-Free

Make Your Business Registration Hassle-Free with Our Expert Services, 

Take the Stress Out of Business Name Registration

At KALCONS, we understand that setting up a business can be a daunting task, especially when it comes to legal requirements. That's why we're here to handle all the hard work for you, ensuring a smooth and efficient process so you can focus on what you do best – running your business.

What is a Business Name?

A business name is the name or style under which your business operates, whether as a partnership or otherwise. Unlike a company, which is a separate legal entity with its own identity in law, a business name is simply a name you use to represent yourself or your services in trade.

Why Register a Business Name?

Registering a business name helps you:
  • - Carry on business under the registered name.
  • - Distinguish your business from others.

Our Comprehensive Business Name Registration Service Includes:

  1. Conducting a Search: We will use the business registration form to establish if the name you want to register is available for use.
  2. Paying the Registration Fees: We handle all the necessary payments for you.
  3. Receiving Your Certificate: We ensure you receive a certificate of registration of a business name promptly.

Need to Update Your Business Name Details?

If any particulars change, we will file a notice of change in particulars on your behalf, ensuring your records are always up-to-date.

Thinking About Expanding? Convert Your Business Name into a Company!

Converting your business name into a company is a significant step towards growth and we are here to assist you every step of the way. Our service includes:
  1. Surrendering Your Certificate: We will handle the surrender of your certificate of registration of a Business Name.
  2. Submitting a Notice of Cessation: We prepare and take care of submitting the necessary notice of cessation of business.
  3. Company Registration: We guide you through and manage the entire procedure for registering a company.

Why Choose Us?

- Expertise: Our experienced team is well-versed in business registration and conversion processes.
- Efficiency: We ensure all procedures are completed swiftly and accurately.
- Convenience: Focus on your business while we handle the legalities.

Contact Us Today!

Ready to take the next step? CONTACT US and let KALCONS make your business registration process seamless and stress-free.
Let us turn your business vision into a reality with our professional and dedicated service. Your success is our priority!

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The Law Relating To Bail In Uganda - Article 23(6) of the 1995 Constitution

The right to bail is a fundamental right guaranteed by Article 23(6) of the 1995 Constitution of the Republic of Uganda. Its basis can be traced in Article 28 of the same Constitution, states that an accused person is to be presumed innocent until he/she is proved or pleads guilty. It further provides that an accused is entitled to a fair and speedy trial before an independent and impartial court or tribunal that is established by law.
These two principles are part of the right to a fair hearing which is declared to be inviolable by Article 44 of the Constitution. The idea is that a person who is presumed to be innocent and who is entitled to a speedy trial should not be kept behind the bars unnecessarily long before trial. This is the rationale of Article 23 (6) of the Constitution.

What is bail?

Bail is the release from custody by a court of law of a person accused of a criminal offence after such person has entered a recognizance consisting of a bond with or without sureties, for a reasonable sum of money to the effect that he or she would appear before court for his or her trial. as seen in the case of Aliphusadi Matovu Vs Uganda Criminal Miscellaneous Application No 15 of 2005.
In simple terms, bail is the release of an accused person from detention pending trial or until Court takes a decision on his/her case.

When a person is arrested and detained or remanded, court is supposed to inform him or her of his/her right to apply to be released pending trial. In order for the accused person to be granted bail he/she must fulfill certain legal requirements and conditions which guarantee that he or she will appear in court for trial to answer charges against him or her.

The major laws relating to bail are:

The Constitution (The 1995 Constitution of Uganda (as amended))
The 1995 Constitution of the Republic of Uganda is the Supreme law In Uganda. All other laws must conform to the Constitution. In the event that any law is inconsistent with the Constitution, that law is void to the extent of its inconsistency with the Constitution. This means that where there is a conflict between the Constitution and any other law, the provisions of the Constitution must be followed. Refer to Law and Administration of Justice in Uganda, The Judicial Service Commission,2007,pg2.
The 1995 Constitution of Uganda provides on bail:‘ Article 23 (6)(a) provides for the right of an accused person to apply to court to be released on bail subject to the legal requirements and conditions which must be fulfilled before court grants bail.
Article 23(6)(b) gives the accused person the right to be released on bail, if the person has been on remand for sixty(60) days before trial, in respect of an offence that is triable by the High Court or subordinate court (Magistrate’s court).
Article 23(6) (c) gives the accused person the right to be released on bail if he or she has spent one hundred and eighty days (180) on remand in respect of an offence only triable by High Court. But the accused person must fulfil legal requirements and conditions set by court.

The Magistrates Court Act - M.C.A Cap 16
The Magistrates Court Act, Cap 16 (MCA) is the law governing the procedure applicable in Magistrate Courts. Magistrate courts are also referred to as lower courts or subordinate courts and they consist of The Chief Magistrates Court, Magistrate Grade I Court, and Magistrates Grade II Courts. These courts have authority to try criminal matters. The M.C.A gives powers to the Magistrate to grant bail to accused persons who have committed offences which are triable and bailable by them. However, there are offenses which can be tried by Magistrates for which they cannot grant bail and also cases which are neither triable nor bailable by them. In these cases, the Magistrate’s duty is to inform the accused person of his/her right to bail and also advise him or her to apply for bail in the High Court.
The MCA provides for situations and circumstances when a pre-trial detainee may be granted bail.( Section 75 (1) of the Magistrates Court Act) These are Where the accused is not being charged of any of the following offences: Acts of terrorism, Cattle rustling, Abuse of office, Rape, Embezzlement, Causing financial loss, Defilement, Offences under The Fire arm’s Act(The Fire arm’s Act, Cap.299 of 2000) punishable by at least ten years imprisonment or more, Offences triable by only the High Court, Corruption, Bribery and Any other offences for which the Magistrate Courts have no jurisdiction to grant bail. To note here is that the Magistrate has power to grant bail for any other offences triable by him/her that are not included in the above list.

The powers of a Chief Magistrate in relation to bail include:
Power to direct that an accused person be released on bail if bail was denied by a lower Court within his/her area of jurisdiction where the accused is charged with an offence triable by a Magistrate.
Reduction of bail bond where in the Chief Magistrate’s opinion, the amount set by the lower court is excessive or is intended to deny the accused bail if it was set by the lower courts.

The MCA provides for the following powers of the High Court in relation to bail
Where an accused person is charged with an offence triable by the Magistrates but is denied bail, the High Court can order that the person be released on bail.
The High Court can also order that the amount for bail bond be reduced.
If the accused person is charged with an offence triable by the Magistrates Court but not bailable by him/her, the High Court has power to direct that the accused person be granted bail.
If the High Court is not content with the bail bond (security) that the Magistrate set in order to release the accused person on bail, it can increase the bail bond and order for the arrest of the person who is released on bail until he/she pays the new increased amount of bail bond.
If the accused person fails to pay the new bail money the High Court may order for his/her imprisonment.

Mandatory bail.
Where an accused person is remanded in detention before his or her trial starts for a continuous period exceeding 180 days for major offences, and 60 days for minor offences,( Article 23 Constitutional Amendment Act No. 11 of 2005.) the Constitution and the MCA authorizes the Magistrate before whom that accused person first appears to release him or her on mandatory bail
However, the Magistrate may refuse to grant bail to an accused person even if he/she has completed the mandatory days on remand if;
The accused person is then committed or referred to High Court for trial.
If the Magistrate thinks that the release of the accused person is a threat to the public.
‘ Factors to consider before the Magistrate grants bail to an accused person.
The nature of the offense or accusation against the accused. If it is a minor offence, there are high chances of granting that person bail.
The severity of the punishment which conviction might entail. If the offence attracts a light punishment, then the court will be more likely to grant the application.
The antecedents (background and character) of the accused. Court will considers the general character and past conduct of the accused person. Where the accused person is a first offender, he/she stands higher chances of being granted bail.
Whether the accused has a fixed place of abode, which is a permanent residence or home within the jurisdiction of the court.
Whether the accused is likely to interfere with state witnesses when released.
The age and health status of the accused person.
Whether the accused person has sureties or not.In the event that bail is not granted to the accused, the Magistrate gives reasons for his/her decision and informs the accused person of his/her right to apply for bail in a higher Court.

Trial on Indictment Act (T.I.A)
The Trial on Indictment Act, Cap 23 (TIA) is the law governing the trial procedure of criminal cases in High Court. The High Court has unlimited power to hear criminal matters and appeals from the lower courts. The TIA gives High Court unlimited power to grant or deny accused persons bail and provides for the procedure adopted by Court in doing so. bail may be granted by the High Court at any stage of the proceedings. ‘Circumstances when a detainee may be released on bail by the High Court.( Section 15of the Trial Indictment Act.)
The High Court may grant bail to an accused upon the accused proving exceptional circumstances that entitle him/her to be granted bail and also showing that he or she will not abscond when released.

Exceptional circumstances include:
i.That the accused is suffering from a grave or serious illness which has been approved by a qualified medical officer of the prison or other institution where the accused is detained as being incapable of being adequately treated while in custody or detention.
ii.When the accused produces a Certificate of No objection signed by the Director of Public Prosecutions (DPP).The Director of Public Prosecutions is the head of the Directorate of Public Prosecution which institution is responsible for the prosecution of all criminal cases in the country. The DPP has offices in many districts of Uganda and these offices are referred to as offices of the Resident State Attorney.
iii.When the accused shows that he or she is either an infant, or of advanced age.

In determining whether the accused will not abscond when released court will consider the following factors;
i.Whether the accused has a place of abode within the court’s jurisdiction,
ii.Whether the accused has sound sureties within the court’s jurisdiction, to undertake that the accused shall comply with the conditions of his or her bail;
iii.Whether the accused has on previous occasions when released on bail failed to comply with the conditions of his or her bail; and
iv.Whether there are other charges pending against the accused.

When will an accused be entitled to Mandatory bail under the T.I .A?
If an accused person has been remanded in custody before the commencement of his or her trial;
In respect of any offence punishable by death and life imprisonment, for a continuous period exceeding 180days and, In respect of any other offence, for a continuous period exceeding 60 days, the judge before whom he or she first appears after the expiration of the relevant period shall release him or her on mandatory bail.
It is important to note that if court is of the opinion that the sureties are not substantial or reliable, the person released may be re-arrested and ordered to produce more sureties and if the accused fails totally he/she will be imprisoned.

The Police Act
The Police Act Cap. 303 is the law which governs the structure, organisation, discipline and functions of Police. This Act gives police officers the duty of keeping law and order by arresting offenders and bringing them to justice, preventing people from committing offences and making sure that people obey orders issued by the authorities.

The following provisions are very important:
A person arrested by the Police is supposed to be produced before the Magistrate’s court within forty eight (48) hours of his or her arrest.
The provisions of the Act26 which allowed for a seven day transfer period for someone arrested by police from a different area than where he committed the offence were held to be inconsistent with the constitution by the Constitutional Court.
If a person is detained in police custody beyond forty eight hours without being charged in court, then he or she can apply to a Magistrate within twenty four hours who will then order for his or her release.
If a person is tortured while in police custody, he or she can state his complaint to the Chief Magistrate who shall order for his or her examination and medical treatment at the expense of the State and the person responsible for the torture will be charged.
No money should be paid to police in order to be released on police bond.

Uganda People’s Defence Forces Act (UPDF ACT)
The Uganda People’s Defence Forces, Act No. 7 of 2005, is the main law governing the establishment and regulation of the army. The Act under Section 219 UPDF Act, it provides that a military court may grant bail to a person charged before it on the same considerations that govern bail in civil or ordinary courts.
Note: Courts have interpreted most of the above provisions and pronounced them null and void for being inconsistent with the Constitution and thereby ordered Parliament to amend the subordinate laws so as to bring them in conformity with the Constitution. This is the major focus of Chapter three of this Handbook(Foundation for Human Rights Initiative V Attorney General, Constitutional Petition No.20 of 2006.).

The Object of bail
The object or purpose of bail is to ensure that the accused person will attend his/her trial without being detained in prison on remand.

Effect of granting bail
The effect of granting bail is not to set the accused free but to release him/her from custody. This helps the accused person to prepare his/her defence, contact witnesses to testify in his/her favour and gives the Police ample time within which to effectively investigate and prosecute the case against the accused person. The sureties make an undertaking to court or enter recognisance that the accused person will appear in court on a date and time set by Court.
It should be noted that bail is not a punishment. It should therefore not be excessive and Magistrates or Judges should whenever possible grant bail to the accused person.
Likewise, the amount to be paid as security should not be excessive as to defeat the whole purpose of granting bail. In determining the amount to be paid, Court should put into consideration the nature and gravity of the charges brought against the accused person and the sentence to be given to the accused person in case of a conviction.

What is the effect of bail?
Upon the grant of bail, the accused is set free forthwith from prison, unless held on any other lawful charge. The accused is to enjoy all the benefits that accrue to a free person, subject to the bail terms set by court. This does not however mean that the accused is set free from the charges levelled against him or her. He/she continues to attend court and to answer to the charges until the Judge or Magistrate delivers his/her judgement.

Whether To grant or deny bail:
The law as explained above gives the accused person a right to apply for bail. However, it should be noted that the decision to grant or deny bail lies with the magistrate or Judge before whom the accused person is appearing. Once the accused person exercises his/her right by applying for bail, the presiding judge or Magistrate must weigh the arguments for and against the application and apply the law before he/she grants the accused person bail. This discretion has in the recent past been interpreted to be restricted to set conditions to ensure the accused person’s return to attend court when the trial commences. However, where the Magistrate or Judge is not convinced that the accused person will abide by the bail conditions, he/she has discretion not to grant bail.

The right to bail in Uganda has remained controversial since the year 2005. Well as the Constitution recognises the rights of an accused person to be released on bail, and the powers to release which is conferred on the Courts of Judicature, this power has been challenged many times or questioned by different stakeholders some times through Pre-trial detention. There is therefore a need to create awareness and to enhance a shared understanding of this right in order to ensure that the rights of pre-trial detainees are not compromised in any way.

How to legally start up a business entitity in Uganda

There various types of legal entities from which a lawyer can advise his or her client to legally setup in Uganda, in this post, they are disused together with the relevant provisions of the law as following;

1. Partnerships

-These are defined under section 2(1) of the Partnership Act to mean a relationship which subsists between or among persons not exceeding twenty in number who carry on a business in common with a view of making profits however under subsection 2 where it includes professionals they are limited to 50 persons.
-Inclusively under section 2(3) of the same act provides that registered companies under the company act or any other act relating to registration of joint stock companies are not partnerships.
-Section 47 considers another type of partnerships referred to as limited liability partnerships and consists of not more than 20 persons and has one or more persons called general partners who are liable for the debts and obligations of the firms.

However, it is imperative to note that partnerships have unlimited liabilities for each partner, no perpetual succession, no legal status separate from that of the partners and limited borrowing powers. Having regard to our client’s instructions, he wants to set up an entity with longevity like that of Guinness and perpetual succession through his son clemensio Bazekuketta. In totality he seeks to establish an entity that mirrors Guinness and as such a partnership would not be appropriate.

2. Sole proprietorship

-This is a business entity carried out by one individual who is directly in control of all the operations of the entity. The sole individual has full exposure and liability for the debts and other business liabilities and obligations thereto.
-This kind of entity is not independent of the proprietor and therefore any liabilities of the business are referenced to that individual and his ability to meet them.
-It is therefore important to note that our client’s intent is to include his son as a co-owner of the business and inclusively partner with experienced business managers thus excluding a sole proprietorship as a viable business entity

3. Cooperative societies

These are created b the cooperative societies act cap 112 and specifically under section 4 (1) (a) a minimum of 30 members is provided for. The main aim is to institute community development and the liability is established by statute. This type of entity definitely does not meet our clients’ needs as he intends for ownership that is limited to him and his son as co-owners.

4.  A Joint ventures

In United Dominion Corporation LTD V Brian Pty LTD (1985) 157 CLR 1 a joint venture was defined to mean “an association of persons for the purposes of particularly trading, commercial , mining, or other financial undertaking or endeavor with a view to mutual profit, with each participating usually( but not necessarily) contributing money, property or skill. They are usually intended to exist for a limited period of time. Our client clearly states that he wishes the business to last for a very long time just like Guinness. As such, a joint venture would not be appropriate.

5. Company

A company is defined under section 2 of the Companies Act to mean a company formed and registered under the companies act or an existing company or a re-registered company under the same act. In Salmon v Salmon 1897 AC 22, court observed that, a company is a legal entity with separate legal existence from its owners. The advantage of operating business under the entity of a company is that separation of ownership and control of the company allows it to raise capital on a large scale, and management can be left to the professional and skilled directors while shareholders can take on the role of capitalizing the business.

Companies are divided into two types and these are;
a) Public companies
b) Private companies
Section 5 of the Companies Act, 2012, defines a private company as one which restricts the right to transfer its shares and other securities, limits the number of its members to 100 (one hundred) and also prohibits raising capital publicly.
On the other hand, section 6 of the same Act provides that a public company is one which is not a private company as categorized in Section 5 of the companies Act.
It is important to note that section 4 (2) of the Companies Act further categorizes companies into three categories which include;

a) A company limited by shares

According to Section 4(2) (a ) companies act 2012, this is one where the liability of its members is limited by the memorandum of association to the amount if any, unpaid on the shares held by them. In other words, shareholders of this company are only liable to the extent of their unpaid capital contribution.

b) A company limited by guarantee

Under Section 4(2) ( b) liability of members of the company is limited by the memorandum of association to the amount which the members undertake in the memorandum to contribute to the assets of the company in the event of its being wound up. This type of company is appropriate for charitable organizations, reason being business requires capital which is usually raised by issue of shares

c) Unlimited companies

According to Section 4(2) (c) companies act 2012 this is a category of companies that does not have a limit on the liability of its members.

Promoters of a company can form a private limited liability company because of the following reasons.
Creating a company creates a legal entity which is separate from its members that is it creates a separate legal personality. (Salomon v A Salomon & Co Ltd [1896] AC 22). depending on the cirumstances, if a promoter anticipates lots of travel but he or she does not want to disrupt the business. he or she can form a company which will be separate from him or her.

Perpetual succession.
The company has indefinite duration. The death or bankruptcy does not terminate its life. From the facts at hand, our client is inspired by Guinness which has been running since 1759. We therefore advise him to form company since it has perpetual succession.

Organizational structures.
Power is divided between shareholders depending on capital contribution / members as well as directors. With such structures a client can easily involve his family in business and also hire other experienced managers as he wants.

Transferable shares.
Ownership is in form of shares which are easily transferable.

Dedicated Team


Managing Advocate

LLB- Hons(UCU)
PGD-Legal Practice (LDC)


Associate Advocate

LLB- Hons(UCU)
PGD-Legal Practice (LDC)

    Musinguzi Collens

    Associate Lawyer

    LLB- Hons(UCU) KIU
    PGD-Legal Practice (LDC) Kampala.







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