By Our Reporter
High Court this week delivered a ruling that reaffirmed the constitutional right to mandatory bail—a decision seen as indirectly strengthening the legal position of opposition leader Dr. Kizza Besigye.
In a landmark judgment delivered by Justice Isaac Muwata, the court ruled in favor of Henry Kato, who had been held on remand for more than 240 days without trial. The judge found that such prolonged detention without committal to trial violated Articles 23(6)(a) and 23(6)(c) of the 1995 Constitution of Uganda, which guarantee the right to bail for suspects detained beyond 180 days.
Although Dr. Besigye was not a party to the case, legal experts view the ruling as a significant precedent, particularly in light of his recent denial of bail despite having been on remand for over six months.
Justice Muwata rejected the prosecution’s argument that the seriousness of the charge against Kato—aggravated defilement—justified his continued detention. He emphasized that constitutional protections are not contingent upon the nature of the offence and must be upheld universally.
The ruling arrives amid growing public concern over the perceived selective enforcement of bail laws, especially in politically sensitive matters. Both Dr. Besigye and political activist Obeid Lutale have previously been denied bail under circumstances similar to Kato’s, prompting widespread criticism from civil society and the legal fraternity.
Legal analysts have welcomed the decision as a milestone in upholding constitutional rights. “This verdict reaffirms that justice must not be sacrificed at the altar of convenience or politics,” commented one constitutional lawyer.
Kato was subsequently released on a cash bail of Shs1 million, accompanied by strict reporting conditions. The ruling is expected to serve as a reference point for future bail applications, particularly those involving high-profile or politically charged cases.