The Kawempe Chief Magistrate’s Court has declined to grant mandatory bail to 10 supporters of the National Unity Platform (NUP) who were arrested and charged with unlawful drilling, ruling that they had not met the constitutional threshold for automatic release.
In a ruling delivered on Monday, Grade One Magistrate Damalie Agumaasiimwe held that the accused failed to prove that they had been on remand for the constitutionally prescribed period without trial, and therefore could not benefit from mandatory bail under Article 23(6)(b) and (c) of the Constitution.
The magistrate agreed with the prosecution that mandatory bail is not automatic and must be strictly proved.
‘Mandatory bail is a constitutional right, but it does not arise by mere allegation. The applicants must clearly demonstrate that they have been on remand for the period provided for by the Constitution without trial.’ the magistrate ruled.
The court noted that discrepancies existed in the remand records presented and that the defence had failed to provide sufficient documentary evidence to support the claim that the constitutional time limit had elapsed.
‘The computation of time for purposes of mandatory bail must be precise and supported by the court record. Where such clarity is lacking, the court cannot grant mandatory bail,’ the magistrate said
The magistrate also observed that the pendency of investigations and the stage of proceedings were relevant considerations in determining whether the constitutional threshold had been met.
‘The existence of ongoing investigations does not automatically entitle an accused person to mandatory bail,’ the court ruled.
However, the court emphasised that the denial of mandatory bail did not bar the accused from applying for ordinary, discretionary bail.
‘This court has not closed its doors to the applicants. They may pursue other lawful avenues for bail,’ the magistrate said.
Although the court found the proposed sureties suitable, it noted that this alone did not address concerns about whether release could pose a risk to the proper conclusion of the trial.
“Where credible concerns exist about interference with witnesses and public interest, court is duty bound to prioritize the integrity of the proceedings,” Magistrate Damalie Agumaasiimwe held.
The court further ordered the officer in charge of the detention facility to ensure that the accused receive prompt medical attention where necessary, particularly directing appropriate medical care for Saudah Madaada.
The accused, who include NUP mobilisers and supporters, were arrested at different times and charged with offences related to unlawful assembly, common nuisance, and acts likely to disturb the public peace. They have been appearing before the Kawempe Magistrate’s Court as investigations continue.
Through their lawyers, the accused had applied for mandatory bail, arguing that they had spent more than 180 days on remand without their cases being concluded or committed to the High Court, in violation of their right to personal liberty.
Defence lawyers submitted that the prolonged detention was unconstitutional and unjustified, adding that the State had failed to demonstrate sufficient progress in investigations.
‘The applicants have been in custody for an unreasonably long period without trial. This court is duty-bound to enforce the Constitution and order their release on mandatory bail,’ one of the defence lawyers submitted.
However, the prosecution opposed the applications, arguing that the applicants had not met the legal requirements for mandatory bail.
The prosecution opposed the applications, maintaining that the accused had not met the legal requirements for mandatory bail. State prosecutors told court that the defence’s computation of time was inaccurate and that some of the accused had not completed the six-month period required under the Constitution.
‘The right to mandatory bail only arises when the accused has been on remand for the prescribed period without trial. That threshold has not been met in these cases,’ the prosecution submitted.
Prosecutors further argued that investigations were ongoing and that delays had partly been caused by the accused, including repeated adjournments and the consolidation of files.
The 10 accused include Edward Ssebufu, Achileo Kivumbi, Calvin Tasi alias Bobi Giant, Edwin Sserukuma alias Eddy King Kabejja, Sharif, Yasin Nyanzi, Tonny Kawesi, Alex Waiswa Mufumbiro, Saudah Madaada, and Doreen Kaija.
The group is among several NUP supporters arrested on February 12, 2025, when security operatives raided the party’s Makerere-Kavule offices in Kawempe Division.
The prosecution alleges that the accused convened a meeting where individuals underwent military-style drills without authorisation from the minister, contrary to Section 45 of the Penal Code Act. Tonny Kawesi faces an additional count of unlawful drilling.
The accused are charged with unlawful drilling, conspiracy to commit a felony, and wearing uniforms resembling those of the armed forces.
The ruling comes amid heightened scrutiny over the detention of opposition supporters following arrests linked to public order operations.
The accused remain on remand as proceedings continue before the Kawempe Magistrate’s Court.