The prosecution has asked the Luzira Magistrates Court to deny bail to former Ethics and Integrity Minister Miria Matembe, arguing that she has failed to satisfy the legal requirements for release. They added that there is a risk she could abscond or commit similar offences if released pending trial. Appearing before Grade One Magistrate Sheilah Gloria Atim on Wednesday, Senior State Attorney Miriam Kulusum opposed Matembe’s bail application, submitting that although the offence of promoting sectarianism is bailable, the court retains discretion to determine whether an applicant deserves to be released.
Matembe, 73, is charged with promoting sectarianism, an offence she denied on Tuesday when she was arraigned before the court. She applied for bail on Wednesday, citing ill health and advanced age. However, Kulusum argued that the defence had failed to meet the threshold required for the grant of bail. One of the prosecution’s principal objections was that Matembe had not produced her National Identification Card, which Kulusum described as an important document for establishing an applicant’s identity and providing assurance that they will remain within the court’s jurisdiction.
“The National Identification Card gives us comfort that an applicant will not flee. Today, national IDs can even be used to cross borders,” Kulusum submitted. Addressing the defence’s reliance on Matembe’s age, Kulusum argued that advanced age alone does not entitle an accused person to bail. She cited the High Court decision in Mulongo Namubiru Florence v Uganda, in which the court held that while old age is a relevant consideration, it does not make the grant of bail automatic. Rather, courts retain discretion to determine whether an accused person is likely to return for trial.
The prosecution also challenged the defence’s account that security personnel had raided Matembe’s home in Luzira before her arrest, forcing her into hiding. Kulusum told the court that those allegations were unsupported by any evidence. “There is no affidavit, no complaint made to police, no CCTV footage, no video recording or any evidence whatsoever to support those assertions,” she submitted.
She argued that if Matembe had indeed fled her residence because she considered it unsafe, then she no longer had a known and reliable place of abode where she could easily be traced if granted bail. “If she says she ran away from her home because she feared for her life, then it means she has no permanent place of abode where she can be traced. It could even mean that prison is safer for her than where she claims to be staying,” Kulusum argued.
The State further questioned the suitability and credibility of some of Matembe’s sureties, saying verification had revealed inconsistencies in the information they provided to court. According to Kulusum, Amuru District Woman MP Ruth Akello presented a telephone number that is registered in the name of Sarah Naluswa rather than her own. Similarly, the telephone number submitted by Godber Tumushabe, Executive Director of the Great Lakes Institute for Strategic Studies (GLISS), was found to be registered in the name of Agnes Nshemerirwe.
“The sureties were not truthful to the court or even to their lawyers. When a surety gives false information, it raises concern as to whether they can effectively discharge their obligations,” Kulusum submitted. She also questioned Akello’s ability to supervise Matembe if released, arguing that her parliamentary responsibilities in Amuru District would make it difficult for her to effectively fulfil her obligations as a surety.
On Matembe’s health, the prosecution argued that the defence had failed to produce previous medical records showing that she had been suffering from any long-standing illness. Kulusum reminded the court that during Tuesday’s proceedings, Matembe had personally denied undergoing any medical examination and disputed the contents of Police Form 24. The prosecution further urged the court to consider Matembe’s conduct and demeanour while exercising its discretion on bail. Kulusum told the court that, based on her observations throughout the proceedings, she believed Matembe appeared likely to commit similar offences if released.
The court, she argued, is entitled to consider whether an applicant is adamant or remorseful when determining whether to grant bail. Despite opposing the application, Kulusum asked that if the court were inclined to grant bail, it should impose stringent conditions. She proposed that Matembe be required to surrender her passport to prevent her from leaving the country and be barred from making public statements that could amount to similar offences while the criminal case is pending.
The State also prayed for any other reasonable conditions the court may deem necessary to secure Matembe’s attendance throughout the trial. The prosecution did not object to two of Matembe’s other sureties, lawyer Primah Kwagala and Rushenyi County MP Naome Kabasharira. The State’s submissions came after the defence, led by Uganda Law Society Vice President Anthony Asiimwe and lawyer Steven Kalali, urged the court to release the former minister on non-cash bail. They argued that Matembe is a respected public figure, a first-time offender, in poor health, and not a flight risk.
After hearing submissions from both sides, Grade One Magistrate Sheilah Gloria Atim adjourned the matter and said she would deliver her ruling on the bail application at 4:00 p.m-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
