Tears as father accused of defiling step daughter gets bail

Court was soaked in tears after the 50-year-old man suspected of defiling his 14-year-old step daughter was granted bail.

The High Court judge, Isaac Muwata granted a cash bail of Shs2 million to Ali Mwizerwa who has been on remand for about two months while his sureties were bonded at Shs10 million not cash.

“The applicant shall also deposit his passport with the Deputy Registrar of this court and shall not travel outside the jurisdiction of the court without the express permission of court. He should also desist from threatening, interfering with or intimidating the complainant or victim. If he does so, the matter should be referred back to court for appropriate action and shall report to the Deputy Registrar of the Criminal Division every last Monday of each month beginning January 27,2025," Justice Muwata said.

The judge held that although there was no is doubt that Mwizerwa is facing a serious offence of aggravated defilement, he still enjoys the presumption of innocence which is a cornerstone of the criminal justice system.

"The respondent (state) largely based his objections on the fact that the applicant may interfere with the investigations or potential witnesses through undue influence and act of retaliation. I agree with the respondent that in cases such as this involve victims and complainants with close family ties, cases of interference may occur. However, these are allegations that have not been proved before this court," Justice Muwata ruled.

The judge also overruled the state's objection that Mwizerwa lacked a fixed place of abode owing to his business engagements in Juba, South Sudan. According to the judge, the accused in his affidavit with evidence from the local council chair persons stated that he has two residences both in Bulenga-Kikaaya in Wakiso and Bweya, Kajjiansi thus court has the power to restrict his movement. 

The judge also considered a medical report from Murchison Bay Prison dated November 16, 2024 that the applicant (Mwizerwa) complained of severe gastric pain, vomiting, diarrhea, yellow eyes and passing of melena stool to which upon examination by the Prison Medical Superintendent, it was concluded that the applicant suffers from chronic gastritis with high suspicion of peptic ulcer disease and has some intestinal tract bleeding.

In the report, it was also stated that Mwizera suffers from mild anemia to which the judge held that it is a serious condition.

"I note that the report from prison is not clear as to whether or not condition can be handled in the prison facility. However, a mere demonstration that such condition exists may compel court to grant the applicant on health grounds. Rule 14(2(a) of the bail guidelines that deals with grave illness as an exceptional circumstance does not take away the discretion of the court to grant bail on health grounds since the provision merely provides guidance not direction. Each case however must be determined on its own merits," Justice Muwata ruled. 

After the ruling, Mwizera was seen mumbling a short prayer as he shed tears of joy while his estranged wife, Hajjat Zuula Nakisuye who is the complaint in the case was left seemingly disappointed by the judge's decision as she wiped tears away.

Mwizerwa came into the limelight after his estranged wife accused him of defiling her 14-year old daughter on the social media.
At the time, he had spent days in police detention on charges of aggravated defilement contrary to Section 116(3), (4)(c) of the Penal Code Act  Cap128. He was subsequently committed to the High Court for trial on November 13, 2024.

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