The Buganda Road Chief Magistrate’s Court has halted the trial of four-time presidential candidate Dr. Kizza Besigye for 60 days, citing his poor health.
However, the court declined to unconditionally release Besigye, who is facing charges of inciting violence over high commodity prices ¹.
Grade One Magistrate Winnie Nankya ruled that Besigye’s current state of health is unstable, making him unfit to stand trial. The court stayed the proceedings to allow Besigye to restore his health, with his bail extended until further notice.In her ruling , Nankya noted that Dr. Besigye had filed similar applications before the High Court which has superior powers and to avoid a parallel and multiplicity of decisions , she advised that Besigye awaits the outcome from the Highcourt.
“A decision by this court on prayers made has the effect of creating parallel proceedings and the potential for conflicting decisions and judgments which curtails judicial efficiency.The application made by defence counsel in this court is hereby dismissed the same having been improperly made before this court,” Nankya ruled.
The magistrate further took notice that Besigye was granted bail and the violations complained of do not arise from her court
Besigye’s lawyers had applied for his immediate release, citing human rights violations, including his continued detention without a valid remand warrant and lack of access to his personal doctors. However, the prosecution argued that there were no human rights violations warranting a stay of proceedings, as Besigye had been granted bail and was legally held in prison.
The court also noted that Besigye had filed a similar application in the High Court, which takes precedence over the lower court. Besigye and his co-accused, Samuel Mukaku, are facing trial for allegedly demonstrating against skyrocketing commodity prices in Kampala City.
