KAMPALA- The High Court Criminal Division has today morning denied bail to opposition leader Dr Kizza Besigye and his co-accused Hajj Obeid Lutale, even as the court acknowledged that all legal conditions for granting bail had been satisfied.
The ruling, delivered in a packed courtroom, emphasized the court’s discretion in balancing individual freedoms with national interests but accepted that both applicants had proven fixed places of residence, had no history of absconding, and had presented sound and substantial sureties.
The defence lawyers had presented MPs Ibrahim Ssemujju Nganda, Dr Nicholas Thadeus Kamara, Tonny Muhindo, and Francis Mwijukye stood surety for Besigye, while Hajj Lutale presented family members including his wife and blood relatives.
Lawyer Lukwago invoked Article 23(6)(a) of the Constitution, which guarantees the right to apply for bail, and emphasized that the principle of presumption of innocence under Article 28(3)(a) must guide bail decisions.
However, the judge also made a notable observation on the issue of sureties, rejecting prosecution arguments that sureties must be older than the accused and prosecution had earlier argued that both applicants lacked fixed residences and could interfere with investigation although the court found no concrete evidence to support those claims.
Meanwhile the internal Affairs Minister Maj Gen Kahinda Otafiire has has reiterated his strong condemnation of the security brutality witnessed during the chaotic Kawempe North by-election, describing the attacks on journalists as “unfortunate.”
While speaking at a meeting with broadcasters and their umbrella organisation, the National Association of Broadcasters, Gen Otafiire expressed his disapproval of the actions of security forces, particularly the Joint Anti-Terrorism Taskforce and regular military, who targeted journalists for beatings while they were simply carrying out their constitutional duties.
Minister Kahinda Otafiire said that journalists were conducting a constitutional activity and emphasized that the security forces’ actions were unwarranted and damaging to the reputation of Uganda’s security forces and further stated that the ongoing crackdown on journalists was a step backward, urging that accountability must be taken for these violations.
Gen Otafiire’s comments came amid growing tensions between the security forces and journalists and he accused security forces of acting beyond their legal mandates during the controversial by-election.
The violent events during the by-election led to increased calls from the media for a blacklisting of security agencies, with broadcasters banning coverage of the police and the Uganda People’s Defence Forces due to their perceived role in impeding press freedom and citizen rights.
