KAMPALA – In recent times, some magistrates and high court judges have dubiously denied bail to otherwise eligible suspects in so-called sensitive and high profile cases, clearly out of fear, even though a case on the merits had been made out. For instance, the 27-year-old Tik Tok prankster Ibrahim Musana a.k.a. @Pressure24.7 who was unreasonably deprived of 6 months of freedom and productivity merely for his “unpopular” content against certain public figures, and Hon Muhammad Ssegirinya, 36, and Hon Allan Ssewanyana, 37, who were jointly robbed of nearly 2 years out of their five-year legislative mandate just for being suspects in the Masaka terrorism case.
On Tuesday, 21 May 2024, Kampala-based businesswoman Ms Molly Katanga, who is accused of mariticide, became the latest victim of pretrial abuse of judicial power. Her custody is certainly not necessary for a fair trial.
It is now settled law that denying bail solely because the accused person’s medical condition could be treated in prison is an unjustified restriction on liberty, violating Article 23(6)(a) of the Ugandan Constitution (right to bail) and Article 28(3)(a) (presumption of innocence).
It also violates the following treaty rights:
- International Covenant on Civil and Political Rights (ICCPR), Article 9(3): “It shall not be the general rule that persons awaiting trial shall be detained in custody…”
- African Charter on Human and Peoples’ Rights, Article 6: “Every individual shall have the right to liberty and to the security of his person…”
- Universal Declaration of Human Rights (UDHR), Article 11(1):
“Everyone charged with a penal offence has the right to be presumed innocent until proved.”
In Molly Katanga’s case, the High Court of Uganda unjustifiably failed to consider alternative non-custodial measures, such as house arrest and ankle monitors, and the accused’s individual circumstances, including the disproportionate impact on her rights to health, dignity and uninhibited access to defence counsel. 1
Everyone is potentially a public interest, to condemn and suspect and hence a victim of reject the tyranny of Uganda’s I cowardly and corrupt prosecutors I and judicial officers. Enough is I enough!
Uganda’s police-to-prison pipeline which has hitherto
I claimed an unacceptably high number of eligible applicants whose pleas for bail fell on deaf ears.
To put a stop to this travesty of justice and guarantee non-repetition, we have resolved to sue the Uganda Government at the East African Court of Justice on Monday, 27 May 2024, alleging a breach of the principles of good I governance enshrined in Articles 6(d) and 7(2) of the Treaty for Establishment of the East African Community, in reference to the Molly Katanga NO-BAIL decision.
We shall seek, among others, a declaration that the Ugandan prosecutors and Judicial Officers must demonstrate a “compelling reason” to deny bail, and that the Katanga reason, namely availability of prison medical treatment alone, is insufficient to justify denial of bail.
To be clear, this is no longer about the Katanga widow. It is about what is “good governance” for our fellow citizens, our family members and our friends, at their hour of I need. We are taking a stand, in the “Judges have the power to roll back progress or keep us moving forward; to protect our basic liberties or take them away.” President Barack Obama.
“Let Molly Katanga’s case be the last reminder of the perils of silence and cynicism, and why it is so important to take Radical Action to Judge the Judges.”
Advocate Isaac Ssemakadde is the Founder & Executive Director, LEGAL BRAINS TRUST – A Kampala-based democracy and human rights watchdog, est. 2008.
