High Court has denied Four-time presidential candidate, Dr. Kizza Besigye and former Democratic Party (DP) mobiliser Samuel Lubega Mukaku bail claiming that their applications were brought prematurely before court.
While delivering the ruling, from Justice Tadeo Asiimwe, court registrar, Didas Muhumuza, told the applicants that they should have filed this application before the Chief Magistrate before coming to the High Court.
“Being dissatisfied with the decision, the applicants filed a fresh application for bail in this court by the law of notes of motion under Article 23(6) A and 28(3) A of the Constitution and Section 75(4) and Section 77(3) of the Magistrate Courts Act.
“The applicants filed written submissions which were adopted on record and proceeded to present sureties which were not objected to and hence substantial”
“Once bail is refused by the Grade One Magistrate, a new application is filed before the Chief Magistrate and once bail is refused by the chief magistrate, then a fresh application is filed before the High Court,” Muhumuza read Justice Tadeo’s ruling.
The ruling further read, “In my opinion, Section 77(3) doesn’t create a concurrent jurisdiction between the High Court and the Chief Magistrate court as counsel for the applicants wants this court to believe.
“The Rules of Procedure in the books of law are intentional to avoid unnecessary applications and to avoid opening flood gates of unnecessary matters moving in the High Court before exhausting the available remedies in the lower court.
“Such procedures would lead to interfere with the judicial processes of the lower courts and inviting premature causes in the High Court and creating unnecessary backlog.
“Therefore, the applicants should have filed this application before the Chief Magistrate before coming to the High Court.”
He divulged further that there is also an option of returning to the Grade One Magistrate who is trying the case.
“It is the filing of this court that this application was brought prematurely before this court and therefore there is no need to go to its merit,” he added.
He ruled, “For the above reasons, this application is hereby dismissed, the applicants are free to file a fresh application to the Chief Magistrate court if they so desire.”

Some of the people who attended Besigye’s bail hearing
WHAT WAS SAID DURING THE HEARING
Before the ruling was made, State Attorney, Wanamama Isaiah dissected Section 75 which deals with bail in the Magistrate court noting that where bail is not granted at section 75, the magistrate shall record the reasons as to why bail is not granted, inform the applicant of his or her point to apply for bail in the High Court as the circumstances may require.
He also emphasized that the applicants have not availed their complaints to the Chief Magistrate and therefore he couldn’t have exercised his role on the matter.
“In other words, the applicants should have come to this court with a ruling from the Chief Magistrate showing that they have been denied bail where there is a bail suit and that avail this matter with a right (to be ruled in this court).”
BESIGYE LAWYERS
Besigye and Samuel Mukaku’s lawyers, Samuel Muyizi, Bowe Ivan, Abdallah Kiwanuka and Earnest Kalibbala started by citing Article 23 of the Constitution which provides for the protection of the right to liberty.
“The 1995 constitution is a culmination of Uganda’s troubles in case the forces of tillery, oppression and exploitation brought about by political and constitutional instability. This is why the preamble in the constitution is stated as it is,” Samuel Muyizi, who is Besigye’s lead lawyer said.

Dr. Kizza Besigye (R) and Samuel Mukaku (L) in court today
Justice Tadeo interjected Besigye’s lawyers and told them that they had nothing to present, and asked them to present their sureties.
Muyizi then presented three sureties on Besigye’s side who included Deputy Mayor of Kampala, Doreen Nyanjura, Mugume Roland, Member of Parliament for Rukungiri Municiplaity and Winnie Byanyima, wife to Dr.Kizza Besigye.
Justice Tadeo however questioned the presence of Byanyima among the sureities wondering how they added her on the list since she was not on the the original list submitted.
Lawyer Bowe Ivan explained who Byanyima is and why she was added to the sureties.
Bowe said that Byanyima is a partner to the accused person (Besigye), and the Executive Director for the Joint United Nations Programme for HIV/AIDS since 2019 and also a former Member of Parliament.
“The surety brought before this honourable court is credible and the fact that she is a partner to the accused, she has the capacity to remind the accused person of his obligations to attend this honourable court as and when he is required,” he said.
He further added that there is no time on record that the surety has forgotten to advise the accused person of his obligation.
Bowe’s partner Muyizi went ahead to introduce Mukaku’s sureties who included Dr. Lulume Bayiga and Daniel Onekari.
Mukaku and Besigye were arrested for protesting over skyrocketing commodity prices.
By Kalamira Hope
Leave a Reply