Are jailed MPs prisoners of conscience?

For several months now, two Members of Parliament (MPs) remain stuck behind the grim prison walls. Memories of the manner of their arrests, including their absurd re-arrest after a court had granted them  bail, still linger. 

MPs Muhammed Segirinya (Kawempe North) and Allan Ssewanyana (Makindye West), together with a few other locals are jointly charged with murder, attempted murder and terrorism after a series of machete killings in Masaka last year. 

In March, the MPs once again had their remand extended as the State asked for more time to amend the charges against them.

Previously, the State had sought an extension of time to allow them complete “investigations”.  In addition to the prolonged remand period, several allegations around State orchestrated interference and intimidation have not gone unnoticed. 

Even their lawyers reported direct and indirect threats by those suspected to be within the State’s security infrastructure and while for some this may appear farfetched, the chilling events that occurred after the courts had granted the MPs bail in September, 2021; where military outfits in drones and unidentified double cabins roughly re-arrested the MPs and dumped them in Kitalya lend some credence to these allegations.

It is not surprising that at the last hearing of the matter, the duo’s lawyers opted to stay away from the proceedings presumably out of frustration with the manner in which external forces were influencing the judicial process.

Glaring gaps in due process aside, it is the seeming indifference that Parliament has shown in this matter that raises a few eyebrows. These are representatives of two constituencies; Nakawa and Kawempe which in itself should warrant the interest of Parliament.  One would imagine that with Parliament’s newly elected leadership’s recent litany of promises regarding attention to members concerns’ irrespective of political affiliation, the matter of the actual trial of honourable colleagues would come high on their priority list. 

First in view of their status as MPs but also in the interest of the constituents whose expectation is that their now incarcerated elected leaders would represent their views and interests in the House.  What I find even more interesting though is that this cuts a stark contrast when compared with previous instances where some MPs have been arrested on allegations of grand corruption and abuse of office.

The Parliament leadership invested in securing their release - organising hordes of constituents and elders to flock State House to seek presidential intervention. 

A few days ago, Kampala’s Capital City Deputy Lord Mayor Doreen Nyanjura and Soroti MP Anna Adeke were hurriedly presented before court at LDC and remanded.  Their lawyers indicate that while their clients were presented in court over a minor  bailable offence, it was clear to them that there was a premeditated intention to have them remanded. This follows a similar incident where retired opposition leader Rt Col Kizza Besigye was brought before courts charged for inciting violence and slapped with an excessive and unconscionable cash bail. 

In a tweet former presidential candidate Prof Venansius Baryamureeba seemed to suggest that the Shs30m cash bail was warranted as a deterrent. Not only is this notion misaligned with the ideology and purpose of bail but more importantly, in my view, sets pace for establishment of a dangerous pattern where inordinately long periods of remand will be used to punish dissent.  

This can only paint a grim picture particularly for those in civil rights and liberties space. A day where even the promise of “your day in court” cannot not be guaranteed and when it comes you will have already served your sentence; guilt or innocence notwithstanding.  Judicial officers must resist the slippery slope that normalises execution of sentences through remand.

Edward Serucaca Jnr,  lawyer and advocacy strategist for non-profits.