The Uganda Law Society (ULS) has strongly criticised the High Court’s decision to deny bail to opposition figures Dr. Kizza Besigye and Hajji Obeid Lutale, describing the ruling as speculative and lacking legal foundation.
On April 11, 2025, Kania denied bail to Besigye and Lutale, despite the accused satisfying all standard bail conditions, including fixed place of abode, advanced age, no criminal record, substantial sureties, and presumption of innocence.
The judge cited the seriousness of the treason and misprision of treason charges, along with the ongoing nature of investigations and the alleged international scope of the plot. She ruled that releasing the accused could risk interference with investigations.
Speaking during the ULS weekly press briefing at its Kampala secretariat on Thursday, ULS treasurer Arthur Isiko said Lady Justice Rosette Comfort Kania’s decision to deny bail based on a potential interference with investigations was not grounded in evidence.
“Bail applications should be denied or accepted based on clear legal grounds, and where those grounds are proved, the person is supposed to be granted bail,” Isiko stated.
Kania had ruled that the accused were likely to interfere with investigations, citing the gravity of the charges and the transnational nature of the alleged offences. However, Isiko emphasised that this line of reasoning was contrary to the legal principle of presumption of innocence.
“Speculation in this case, like it was when Lady Justice Kania ruled that the accused would interfere with ongoing investigations without any evidence, is not warranted,” he added.
ULS called on judicial officers to uphold the law and avoid decisions that compromise individual rights through unsubstantiated assumptions. Isiko urged Besigye and Lutale’s lawyers to reapply for bail, expressing optimism that another judicial officer would grant it based on merit.
Also speaking at the briefing, senior counsel Henry Kunya emphasised the urgent need to review Uganda’s bail guidelines, questioning their current relevance and adaptability.
“We need to look at different pertinent questions regarding the bail guidelines. How relevant are they? Can we adjust them periodically? Who are the end users? Can we get bail victims or beneficiaries to tell their stories?” Kunya asked,”
He also criticised delays by the Office of the Director of Public Prosecutions (DPP), noting the need to balance the interests of justice for both the accused and the prosecution.
