Besigye appeals against Shs30m bail cash term

People’s Front for Transition leader Kizza Besigye (right) speaks to his lawyer and Kampala Lord Mayor Erias Lukwago during the court session on May 26, 2022. photo/ ABUBAKER LUBOWA

What you need to know:

  • Dr Kizza Besigye declined to pay the cash bail on May 25 which got him remanded to Luzira Prison.

Lawyers of jailed opposition leader Dr Kizza Besigye have appealed against a Shs30m bail cash term handed to the former presidential candidate by a city court.

Dr Besigye who was on Wednesday charged with incitement of violence was granted a cash bail of Shs30m by Grade One Magistrate Siena Owomugisha.

However, the People’s Front for Transition leader declined to pay the cash bail which got him remanded to Luzira Prison.

On Thursday, Dr Besigye through his lawyers of Lukwago & Co. Advocates filed an appeal before the High Court Criminal Division seeking revision and setting aside of the Shs30m cash bail.

“The learned magistrate grade one of Buganda Road Chief Magistrate’s court in imposing an unconscionable condition for bail which substantially differed from the terms set for other accused persons arrested with him exercised her jurisdiction with material irregularity,” the lawyers state in a court document.

The court document further indicates that the decision of the magistrate to grant bail on stringent terms derogated upon Dr Besigye’s right to a fair hearing and other civil liberties.

In support of the notice of motion, in his affidavit, Mr Chrisestom Katumba one of Dr Besigye’s lawyer stated that the police force and army put the latter under house detention on May 12,2022, violently restraining his movements and barred him from executing his duties or doing any business.

The lawyer further brought court to notice that Dr Besigye was on May 24 blocked and brutally arrested –downtown Kampala- by police and military personnel who dragged him to the Central Police Station where he spent a night in a dungeon.

Mr Katumba noted that Dr Besigye was arrested with Samuel Lubega Mukaaku, Yoweri Kintu who were charged before another magistrate with obstructing police officers on duty and Fred Kato charged with a traffic offence.

“Mukaaku and Kintu were granted a non-cash bail while Kato was handed a cash bail of Shs1m,” Mr Katumba stated.

Dr Besigye’s lawyer also add that “he has a right to bail as a senior citizen aged 66 and still presumed innocent until otherwise.”

“Dr Besigye has got substantial sureties and is unlikely to abscond the jurisdiction of the court,” Mr Katumba said.

Prosecution states that on May 24, Dr Besigye while at Arua Park, Muno Village, Shauriyako Parish, Central Division in Kampala, without lawful excuse at an assembly made statements to members of the public indicating or implying that it would be desirable to demonstrate an act which was calculated to lead to destruction or damage to property.

Dr Besigye was arrested on Tuesday at a rally calling for mass action against escalating prices of essentials.

Welcome!

You're all set to enjoy unlimited Prime content.