Miria Matembe granted bail; warned against inflammatory public comments

Former Ethics and Integrity minister Dr Miria Matembe has been granted bail by the Luzira Grade One Magistrate's Court after spending a day on remand following her arrest over alleged sectarian remarks.

Matembe was freed on a non-cash bail of Shs 3million while her sureties were also bonded at a Shs 2million non-cash each.

Grade One Magistrate Sheilah Gloria Atim ruled on Wednesday that Matembe had met the legal requirements for bail, rejecting the State's argument that she had no fixed place of residence and was safer in prison.

In delivering the ruling, Atim said the court has discretion to grant bail after considering several factors, including the nature of the offence, the possible punishment, the accused's place of residence and the likelihood of interfering with witnesses.

"The applicant has no previous convictions and has committed to appear in court as required. No much dispute has arisen from the prosecution about this," she said.

The magistrate also dismissed the prosecution's claim that Matembe lacked a fixed place of abode because she fled her home after security operatives raided it.

"Her home is located in Luzira in Kampala; and while there was an objection from the State that she admitted being in hiding, counsel for the applicant disputed these claims and stressed the applicant's commitment to occupy her home. I therefore find no reason to doubt that the accused person has a fixed place of abode. She cannot be denied bail on that ground," Atim ruled.

She further found no evidence that Matembe was likely to interfere with prosecution witnesses.

"Whether she is likely to interfere with the state witnesses, this is also unlikely owing to the good previous conduct and respectable nature of the accused. If such grounds existed, it should have been stated with evidence by the State," she said.

Atim also praised the four sureties presented by the defence, saying they were substantial and capable of ensuring Matembe returns to court.

"I was reassured by the high calibre of the four sureties, who are found to be substantial. They have fixed places of abode and are traceable by the high offices they occupy, and some are lawyers who understand their role," she ruled.

The magistrate, however, warned Matembe against making statements similar to those that led to the charges.

"When bail is granted, the accused will be guided to avoid utterances similar to those complained of in the charge and to avoid commission of other offences during the period when she is on bail," Atim said.

She also advised the former minister to refrain from any acts that could affect the case until it is concluded.

Matembe is facing one count of promoting sectarianism. Prosecutors allege that during a television interview she made remarks claiming that public resources were disproportionately benefiting Banyankole women ministers, statements the State says were likely to promote hostility against members of the Banyankole community. She has denied the charge.

Her arrest followed a dramatic sequence of events that began with a security raid on her Luzira home. 

Family members said she escaped after receiving a tip-off while out jogging and spent two days in hiding before security operatives arrested her from a friend's house and took her to Mbuya. 

She was later produced before the Luzira Grade One Magistrate's Court, where she was charged and initially remanded after the court deferred hearing her bail application.

During Tuesday's hearing, the prosecution had opposed her release, arguing that she had not presented a National Identity Card or passport, had no confirmed place of abode after fleeing her home, and was likely to commit similar offences if released. Prosecutors even argued that prison was "better or safer" for her than returning home.

Her defence team, led by Samuel Muyizzi and Stephen Kalali, countered that Matembe is 73 years old, suffers from back pain, poses no flight risk and voluntarily remained in Uganda despite having opportunities to leave the country while she was in hiding. They also maintained that she has a known matrimonial home in Luzira.