A stalled petition challenging the constitutionality of Uganda’s bail guidelines has caught the attention of the Chief Inspector of Courts, Justice Stephen Musota.
The petition, filed by City Lawyer Steven Kalali, has been pending for nearly two years, sparking concerns about delayed justice and the rights of inmates thus an order to the Court of Appeal Administrator, Justice Geoffrey Kiryabwire to have it heard and out of the way.
Musota’s intervention aims to expedite the hearing of the petition, which contests the restrictive bail guidelines issued by the Chief Justice in June 22, 2022 which are said to infringe on individual rights and are unconstitutional.
In his August 6, 2024 letter, Musota notes that Kalali’s complaint asserts delay in the hearing of his petition, despite follow-ups with the Deputy Chief Justice.
Kalali attached over 200 affidavits from inmates who have exceeded the mandatory bail period but remain in detention. He seeks a declaration that the guidelines are unconstitutional and should be quashed.
The guidelines, issued by the Chief Justice, restrict the power to grant bail to the High Court, contrary to the Constitution. Kalali argues that this restriction is an amendment to the Constitution, which only Parliament can make. He also claims that the guidelines were issued without sufficient public participation.
Kalali’s petition has not been heard since its filing, prompting him to seek the Chief Inspector’s intervention.
The Chief Inspector’s directive aims to expedite the hearing of Kalali’s petition, ensuring that justice is not delayed.
The new guidelines
A judicial officer has to hear and determine a bail application within one month, unlike before when the time to hear a bail application was open-ended. There is now uniformity of bail terms issued by judicial officers unlike before when judicial officers could give different bail terms on similar offences.
A complainant can raise their hand in court during the bail application session and be given chance to speak out on issues that he or she thinks can have a bearing on the outcome of the ruling.
The guidelines also demand that court may now grant bail to a vulnerable person on his or her own recognizance or on recognizance being entered into by his or her parent, guardian or other responsible person with or without sureties.
Requirements needed for a suspect to be released include a copy of the national identity card or passport, employment card or student identity card which was not the case previously.
