By KT Reporter
Former Uganda Law Society President, Francis Gimara challenged judges on Friday about the denial of bail to individuals who were under trial before the military courts.
The suspects who continue to be denied bail include veteran opposition leader and former NRA bush fighter, Dr. Kiiza Besigye and his co-accused Obeid Lutale. Several supporters of the opposition NUP party also remain under incarceration despite the Supreme Court ruling.
Delivering keynote address at 8th Memorial Lecture in honor of Benedicto Kiwanuka, Gimara faced the judges some of whom have denied suspects bail.
“Despite all of receiving the bravery of the Supreme Court. I have been disturbed as a citizen about the fallout from the Kabaziruka decision particularly the granting of bail to individuals tried before the military courts. While the High court has granted bail in many applications and rulings, the downside is that many cases bail has been denied,” noted Gimara.
The landmark ruling by the Supreme Court last month said that trying civilians in military courts was unconstitutional and ordering all such cases to be transferred.
“The most publicly visible case is the denial of multiple bail requests by Dr Kiiza Besigye. And my question is. If the judiciary can grant bail. Can we demand the DPP to fix the case so that it is heard?,” asked Gimara.
He reasoned that Dr. Besigye represent a significant number of Ugandans. “Whether we like it or not, the perceptions they have on this institution on how you treat him and how he is treated” he said.
Dr. Kizza Besigye, who was charged in November 2024 with allegedly being in possession of guns and ammunition belonging to the military. He has spent over eight months on remands. His lawyers have severally applied for his release.
Judges have denied him bail despite in despite the provision of the of constitution. Gimara made the challenge was done in the presence of the Attorney General, Kiryowa Kiwanuka and the outgoing the Director of Public Prosecutions (DPP), Jane Frances Abodonow serving asUganda’s Principle Judge.
There is feeling that some of the judges who have been labeled as cadres to the ruling NRM have not been bold to assert their judicial oath in handling what appear like sensitive political cases.
Gimara said in denying Besigye and others bail they are not living to calling of Chief Justice Benedicto Kiwanuka. Hon. Chief Justice Benedicto Kiwanuka, who was last seen alive on 21st of September 1972.
It is reported that Kiwanuka met his death following his decision to hear the case of a British businessman Daniel Stewart, who had been arrested and detained without trial at a Military Barracks.
Kiwanuka issued a writ of habeas corpus, directing the Government Military Authorities to produce him before the Court from the illegal detention for possible release. On 21st September 1972, shortly after 8 am, as Kiwanuka sat in his Chambers, at the High Court building.
Plain-clothed Government intelligence officers confronted him at gunpoint, forced him out of the High Court building and into the trunk of a waiting Peugeot car which sped off, and since then Kiwanuka was never seen alive again.
Apart from the denial of bail, Gimara again wondered why suspects are brought before judicial officers today when they are visibly tortured and then they are sent back to the prison despite what he describes as the very clear provisions of the Prevention and Prohibition of Torture Act, 2012.
“There are very clear provisions on how to deal with tortured prisoners before you. We need to interrogate these events and question ourselves whether we are abandoning the mark of courage. That Ben Kiwanuka espoused and what the Kabaziruka decision espoused,” Gimara challenged.
In May this year, Edward Sebuufu a bodyguard for NUP leader, Kyagulanyi Ssentamu was presented before court in Masaka in visibly tortured state.
The CDF Gen Muhoozi Kainerugaba had earlier indicated that Edward Sebuufu was under detention being taught to learn Lunyankole language. Lawyers said Sebuufu had been tortured using “wires of electricity”.
The magistrate hearing the matter still sent the tortured Sebuufu back to prison in disregard of the Prevention and Prohibition of Torture Act, 2012.
While Gimara highlighted some of the progressive ruling on human rights issues and fostering a climate of legality, there are still a creeping use of executive orders that often conflict with court decisions.
“But the courts have been forthright in some instances to state that neither government policy nor presidential directive not anchored in legislation has any legal force to confer a right or interest” he observed.
“Nonetheless we see some individuals continuing to subvert the provisions of some of these decisions. The latest action I mean that we are all charged about is a very simple but a demonstration of abuse of the public trust doctrine by a directive to a one Hamis Kiggundu to cease construction on Nakivubo Channel in 2024 by KCCA. A direction that he has refused to heed and continues construction of commercial building over a section of Nakivubo channel,”he added-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
