Chief Justice, Bart Katureebe has said that the issue of whether or not persons accused of murder are allowed to be granted bail remains a matter of the constitution of Uganda and the law.
His statement follows comments made by President Yoweri Museveni yesterday during the budget reading when he told Members of Parliament that ‘killers’ are not supposed to be granted bail.
Museveni made the comments in the wake of concerns about the insecurity in the country and the recent brutal killing of Arua municipality MP, Ibrahim Abiriga.
“There are two things I am not going to accept anymore; police bonds and bail. I don’t want to hear about them again. Somebody suspected of killing our people, you give him/her police bond? No way! This is not acceptable,” Museveni said.
“I have been very soft on these institutions [police and court] who are always stepping on us.” Museveni added.
But this isn’t the first time the President is suggesting that people facing capital offences be denied bail.
However, in response, the Chief Justice says “the courts shall continue to be guided by the constitution and the law on matters relating to bail”.
According to the Chief Justice, Judiciary’s position on bail can only change when the law is amended.
Article 23 (6)(a) provides for the right of an accused person go apply to court to be released on bail subject to the legal requirements and conditions which must be fulfilled before court grants bail.
“It is simple. The issue of bail is governed by the constitution and the law. Until the law is amended, bail will be granted or denied in accordance with the constitution and the law,” Katureebe said in a statement released by the Judiciary on Friday.
He said that courts work on the presumption that all accused persons are innocent until proven guilty in a trial.
This, the Chief Justice says, is the reason suspects have a right to apply to court for bail and the courts have the discretion to grant or deny bail.
The law provides adequate safeguards and the courts take into account a number of considerations including the matters of public safety before they grant bail, the statement added.
