By KT Reporter
Chief Justice Alfonse Owinyi-Dollo has said that the popularity of opposition politician Dr. Kizza Besigye should not be used as a basis for granting him bail.
His remarks come at a time when Besigye’s bail applications have been denied four times by various courts in Kampala.
Besigye and his co-accused, Sheikh Obeid Lutale, are facing treason charges and have been in detention since November 2024. They are due back in court next month for another bail hearing.
Speaking during the 8th Benedicto Kiwanuka Memorial Lecture in Kampala, Dollo reminded Ugandans that Article 23 of the Constitution grants the right to apply for bail, but does not guarantee automatic release.
“The Constitution gives the judicial officer discretion to determine whether or not to offer bail. That cannot be a fight. It is not politics, it is the law,” he said.
He criticized lawyers who, in his view, turn courtrooms into political stages. “Even in cases of mandatory bail, where a suspect has stayed on remand beyond the legal period, the court still has the power to determine the terms. It is not like you have spent five years, then you just go home,” he added.
Dollo emphasized that Besigye, like any Ugandan, is entitled to due process but should not be treated differently because of his large following. “It would be very dangerous to grant bail or acquit Dr. Besigye, assuming there is evidence, simply because too many people follow him. Courts must exercise their mandate in pursuit of justice, leaving politics aside,” he said.
The Chief Justice was responding to concerns raised by former Uganda Law Society president Francis Gimara, who noted inconsistencies in bail rulings.
“The most visible case is the repeated denial of bail requests by Dr. Besigye. Whether we like him or not, he represents a significant number of Ugandans. The perception people have of the judiciary is shaped by how you treat him,” Gimara said.
Speaker of Parliament Anita Among, who represented President Yoweri Museveni at the lecture, praised the judiciary for its independence.
“The President requests, he never commands. Nobody will ever come and tell you to make a judgment for political results,” she said. She also dismissed claims that remand prisoners outnumber convicts, stressing that promotions in the judiciary are based on competence rather than politics.
Justice and Constitutional Affairs Minister Norbert Mao described the late Benedicto Kiwanuka as a patriot and one of Uganda’s most qualified Chief Justices. He urged judicial officers to balance independence with accountability, saying, “You were not appointed to please anybody but to serve everyone. Justice should be accessible, not technical.”
Attorney General Kiryowa Kiwanuka cautioned the public against attacking the judiciary on social media, calling online abuse of judges a form of intimidation. “These unwarranted attacks by faceless people are a more direct attempt to interfere with the work of the courts,” he said.
Gimara also raised concerns about suspects appearing in court with visible signs of torture, questioning why such individuals are remanded despite the Anti-Torture Act prohibiting degrading treatment.
The Benedicto Kiwanuka Memorial Lecture is held annually in honor of Uganda’s first Chief Justice, who was abducted and killed in 1972. It serves as a platform for legal practitioners, judges, and the public to reflect on the state of justice in Uganda.
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