Dramatic: How Matembe Defeated State & Secured Bail After Hours Of Legal Fireworks

By Swift Reporter

Veteran politician and women’s rights activist Miria Matembe has been granted bail by the Luzira Magistrates Court following a day-long legal contest between the prosecution and her defence team over her release.

In a ruling delivered on Wednesday, Grade One Magistrate Gloria Apio ordered Matembe’s release, citing her advanced age, deteriorating health, and the constitutional principle that every accused person is presumed innocent until proven guilty.

The decision came after the court twice adjourned proceedings to allow the magistrate time to consider submissions from both sides following hours of arguments over whether the 73-year-old former minister had satisfied the legal requirements for bail.

Prosecution Opposed Bail

State prosecutors opposed the application, arguing that Matembe had failed to provide adequate proof of identity, noting that she had not presented either a national identity card or passport.

The prosecution further contended that she lacked a fixed place of residence because she had allegedly gone into hiding before her arrest and questioned whether she would return to court to face trial.

Prosecutors also challenged the medical grounds advanced by the defence, arguing that insufficient evidence had been presented to demonstrate that Matembe was suffering from ill health warranting her release.

In addition, the State questioned the suitability of some of the proposed sureties.

Defence Cites Age, Health & Public Service

Matembe’s lawyers countered that she was a respected public figure with a long record of national service and posed no risk of absconding.

They argued that she was visibly frail, in poor health and required access to medical care, while emphasizing that she remained innocent in the eyes of the law until proven guilty.

The defence also told the court that Matembe had deep community ties and was willing to comply with all bail conditions.

To support her application, Matembe presented four sureties:

• Lucy Akello, Woman Member of Parliament for Amuru District;
• Naome Kabasharira, Member of Parliament for Rushenyi County;
• Prima Kwagala, a High Court advocate; and
• Godber Tumushabe, lawyer and policy analyst.

Matembe was charged earlier this week with promoting sectarianism, contrary to Section 38(1)(d) of the Penal Code Act.

According to the charge sheet, prosecutors allege that during an interview on DK TV Uganda in June, Matembe stated that “all our taxes are being spent on the Banyankole women ministers.”

The State contends that the remarks were likely to promote hostility, hatred or ill will against members of the Banyankole ethnic community.

Matembe denied the charge when she first appeared before the Luzira Magistrates Court.

The charges came after several days of uncertainty surrounding Matembe’s whereabouts following a security operation at her home in Luzira.

Her family reported that she went into hiding after learning that security operatives had raided her residence while she was away on her routine morning jog.

She was later arrested after spending two days in hiding.

The episode attracted national attention after Chief of Defence Forces Gen. Muhoozi Kainerugaba appeared to confirm that Matembe was in state custody through a social media post that read: “That one. I have her too.”

Prominent Government Critic

A former Minister of Ethics and Integrity, lawyer and one of the framers of Uganda’s 1995 Constitution, Matembe has in recent years emerged as one of the government’s most outspoken critics, frequently commenting on governance, constitutionalism, human rights and the role of the military in politics.

Her release on bail means she will remain out of custody as she awaits trial on the sectarianism charge.

Under Ugandan law, the charge remains an allegation, and Matembe is presumed innocent unless and until proven guilty by a court of competent jurisdiction.