Kanyeihamba seeks to withdraw bail petition against Museveni
Rtd Justice George Kanyeihamba (centre) and other petitioners, who are students of Law at Makerere University, address the media before handing in their petition to the Registrar of the Court of Appeal in Kampala last year. PHOTO | ISAAC KASAMANI
What you need to know:
- Justice Kanyeihamba told court that he intends to ask for an adjournment of the case when it comes up for full hearing before the panel of five justices until such a time when the government brings back the threats to scrap off bail.
Retired Supreme Court Judge, Prof George Kanyeihamba, wants the Constitutional Court to drop his petition challenging the scrapping of bail for capital offenders, as the hearing date is set.
Justice Kanyeihamba and five law students sued President Museveni, Attorney General and the National Resistance Movement (NRM) party.
During the pre-hearing of the case before the assistant registrar Henry Twinomuhwezi, on Monday, Justice Kanyeihamba told court that he intends to ask for an adjournment of the case when it comes up for full hearing before the panel of five justices until such a time when the government brings back the threats to scrap off bail.
Prof Kanyeihamba further stated that he has since learnt that the President has withdrawn his threats and is no longer interested in summoning the NRM caucus.
“When we come back for the hearing, we shall ask the court to drop the petition and adjourn its hearing indefinitely because there is nothing to arbitrate on since we have learnt that the respondents have withdrawn their threats,” Justice Kanyeihamba told court.
In their petition the group is seeking for an order prohibiting the respondents or any other persons from furtherance of any such actions that interfere with the right to bail application and release on police bond.
Justice Kanyeihamba says for President Museveni to take away any right to bail, he needs to first remove Uganda from all international treaties that guarantee the right to bail globally.
The Petitioners further stated that, although the Attorney General and the Government of Uganda have a right to limit fundamental rights and freedoms, it can only be done in line with Article 43 of the 1995 Constitution and International laws.
“Article 23 of the Constitution of Uganda guarantees and prescribes the Right of any person charged with a criminal offence to apply for bail, which the court can honor or deny,” reads in part the court document.
However, in their response to the petition, the AG filed an affidavit of Ms Lucy Mbonye Nakyobe, the Head of Public Service and Secretary to Cabinet, asking the court to dismiss the case against the sitting President since he is protected under the law.
She further stated that the petition is misconceived and bad in law in as far as it purports to challenge public statements of opinion and recommendations on proposed legislative reforms of the law governing bail, which have not been passed into law.
Meanwhile the same court has set the same date to hear Mityana Municipality MP, Mr Francis Zaake’s petition who is seeking a declaration to, among others, overturn his controversial removal from the position of Commissioner of Parliament, for allegedly insulting Speaker Anita Among, who was then Deputy Speaker, on social media.
In his petition, Mr Zaake details the events that took place prior to his alleged removal on March 10, 2022.
The motion to censure him was moved by Bardege-Layibi Division MP, Mr Martin Ojara Mapenduzi, who accused him [Zaake] of gross misconduct when he allegedly insulted the integrity of the Deputy Speaker.
The court will also hear an application in which jailed lawyer Male Hassan Mabirizi is challenging the re-arrest of Kawempe North MP, Mr Muhammad Ssegirinya Segirinya and Makindye West MP, Mr Allan Ssewanyana
The three cases will be heard on June 16 before a panel of five justices who include; Catherine Bamugemeire, Stephen Musota, Irene Mulyagonja, Muzamiru Kibeedi and Monica Mugenyi.
