The High Court dismisses Besigye, Mukaaku bail application

The application was dismissed by Justice Tadeo Asiimwe saying that it was prematurely brought before the High Court.

Asiimwe said applicants ought to have either filed a fresh application before Buganda Road Court Grade One Magistrate or the Chief Magistrates Court.

On June 15, Besigye and Mukaaku were arraigned before the Buganda Road Magistrates Court presided over by Grade One Magistrate Asuman Muhumuza and charged with inciting violence before they were remanded to Luzira prison.

The charges arose out the two allegedly fomenting a protest along Nakivubo lane, Kampala city, against the rising costs of living in the country.

Besigye and Mukaaku were two days later returned to court and applied for bail which Muhumuza denied in view of the substance that they were no guarantees that the duo would not be arrested again for the same offence.

Muhumuza argued that Buganda Road Court had less than two weeks prior to his decision granted bail to the two accused persons on similar charges, only for the two to find their way back in court on the same charges.

Besigye and Mukaaku, through their lawyers led by Samuel Muyizzi Mulindwa, Ivan Bwowe, and Ernest Kalibala, applied for bail in the High Court.

The lawyers said the Magistrates Court wrongfully denied bail to their clients based on a track record of unprosecuted cases opened against them by the State, which were skewed towards a lack of justice.

Muyizzi cited capital offenses such as rape and treason cases leveled against Besigye in 2005 and 2016 respectively but the State did not proceed to prosecute them to their judicial outcomes.

Muyizzi thus argued that Mukaaku and Besigye have substantial sureties to ensure they are not flight risks.

The lawyer presented Kampala Capital City Deputy Lord Mayor Doreen Nyanjura, former Rukungiri Municipality Member of Parliament Roland Mugume, and Besigye’s partner Winnie Byanyima as Besigye’s sureties.

Mukaaku’s sureties were Buikwe South MP Dr. Lulume Bayiga, Kitgum Municipality MP Denis Onekalit, and former Mbale District Woman MP aspirant Margaret Wokuri Madanda.