Do not tamper with law on bail
Article 28 of the Constitution stipulates that one is presumed innocent until proven guilty. The Constitution and our laws were drawn on a wealth of jurisprudence developed over centuries and I believe they should be respected. The presumption of innocence is the principle that one is considered innocent until proven guilty.
It was traditionally expressed by the Latin maxim Incombit probatio qui dicit non qui negat, meaning that the burden of proof is on the one who declares, not on the one who denies. It is on this basis that the presumption that no right to apply for bail accrues.
Bail is only granted on court discretion if certain requirements are met. It can also be denied if the prosecution can show that the release of the suspect will interfere with the security of the witnesses or jeorpardise investigations or any other viable reason as would be considered vital to the judge’s discretion.
Bail is also supported by Article 23(6), which talks about the accused’s right to freedom of liberty. However, I believe that the major problem arises where the investigating bodies have been reluctant to gather information/evidence to put their case forward to the prosecution so that these issues are raised in the prosecution against bail application.
I believe such laziness should not be imputed on the law or Judiciary incase these dangerous criminals are released on minimal terms.
We should not ignore the fact that at times, people arrested can spend months in jail, but with investigations still pending. How do you expect the courts to keep such people? Many times, courts have opted for speedy trial on sensitive cases instead of granting bail. This is also a form of justice.
The State, therefore, cannot deny the right to apply for bail where investigations have not been completed. History has proved that at times, people have been charged for murder and they spend time in prison. After some time, the alleged victim appears alive and well. It is the function of the police to investigate cases most probably when the suspect is in custody.
It is also the role of the Judiciary to sieve and analyse that evidence before making a ruling. Unless court finds one guilty of murder, the person remains a murder suspect and not a murderer and I believe no judge would reasonably grant convict bail. Bail on convicted people is usually granted under rare circumstances and among them is the chance that the appeal may succeed.
Therefore, I appeal to the government to exert pressure on the investigating agencies by providing them with sufficient facilities, training and motivation as well as ensuring that there are measures in place to ensure that efficient evidence can be collected and thus justice delivered.
I believe the law on bail should be left as it is for it is a well-made law.
Patrick Gukiina Musoke,
[email protected]
