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Kampala, Uganda | THE INDEPENDENT | The Buganda Road Magistrates Court has today denied bail to Dr. Kizza Besigye and Samuel Lubega Mukaku.
The two who are all members of a political pressure group dubbed People’s Front for Transition are facing charges of inciting violence.
Grade One Magistrate Asuman Muhumuza denied the duo bail on grounds that he has no guarantee that they will not commit the same offences once released on bail since they had just been bailed by the same court less than two weeks ago.
The rejected bail follows an application by the accused person’s lawyers led by Erias Lukwago. Their lawyer told the Magistrate that his court has the jurisdiction to entertain the bail application given the charges levied against them.
It is alleged that on June 14th, 2022 in Kikuubo, Shauriyako parish, Kampala city, Besigye and Mukaku without lawful excuse made statements indicating that it would be desirable to demonstrate, which could cause violence and damage to property. They were protesting the skyrocketing prices of commodities in the country.
Since late November 2021, there has been a general increase in prices of several items including fuel prices, cooking oil and soap among others.
Lukwago told court that Besigye and Mukaku are responsible people in society and that they are law abiding citizens.
The court heard that the two accused persons do not have any criminal background since they have never been convicted by any court for any offense.
For Besigye, he had presented Kampala Capital City Deputy Lord Mayor Doreen Nyanjura and Kitgum Municipality Member of Parliament Denis Onekalit as his sureties.
On his part, Mukaku presented former Mbale District Woman Member of Parliament candidate Margaret Wokuri Madanda and former Kampala Capital City Deputy Lord Mayor Sulaiman Sserwada Kidandala as his sureties.
Their lawyer asked court to grant them bail on fair terms which is non cash bail on grounds that they have not been working because they were previously arrested and Besigye was confined in his house for a month and could hardly go out to work.
The prosecution however led by State Attorney Ivan Kyazze asked court to deny the accused bail on grounds that their sureties have not proved capacity to pay bail monies in case Mukaku and Besigye abscond from trial.
He said that apart from indicating that the sureties are members of the Forum for Democratic Change party, the rest of their details are not clear especially their places of residence and relationship with the accused persons.
The court also heard that the accused persons have impunity because they were all charged before Buganda Road Court a few weeks ago on similar charges of inciting violence but within a few days, they are back over the same crime.
Kyazze said this conduct is a sign that they don’t respect the legal process and that they act with impunity and therefore should court be pleased to grant them bail, they should be restrained from committing same offences and asked to be bailed at five million shillings cash.
In his ruling, the Magistrate Muhumuza rejected the bail application agreeing with the State Attorney Kyazze saying it is surprising that Besigye and Mukaku were charged of similar offenses of inciting violence about two weeks ago and they are back in a few days on the same charges.
According to Muhumuza, he has no guarantee that f they are released on bail, they will not again commit the crimes in question. Muhumuza warned that the sanctity and integrity of court has to be protected and should never be involved in politics and accordingly rejected their bail application saying that Besigye and Mukaku have a right to appeal if they are not satisfied with his decision.
He has accordingly further remanded Besigye and Mukaku to Luzira prison up to July 1st 2022. Their lawyer Erias Lukwago told Uganda Radio Network that they are definitely going to challenge Muhumuza’s decision in the High Court.
On May 24th 2022, Besigye and Mukaku were arrested from Arua park in Kampala city in relation to a protest against skyrocketing prices of commodities in the country. A day later, they were arraigned before Buganda Road Magistrates Court and charged separately.
Mukaku was released on a non cash bail. But Besigye was ordered by Grade One Magistrate Siena Owomugisha to pay a cash bail of 30 million shillings before he could gain his temporary freedom.
But Besigye was aggrieved with this decision saying the monies were excessive given the charges against him. He petitioned the High Court and Criminal Division Judge Michael Elubu quashed Owomugisha’s sentence and accordingly ordered that Besigye should instead pay 3 million shillings cash bail.
Besigye paid the monies and was set free only to be arrested again on Tuesday this week, less than two weeks after the release .
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