Makindye Chief Magistrate Sarah Anne Basemera has denied bail to Kampala lawyer and opposition politician Erias Lukwago, ruling that the interests of justice currently outweigh the factors that would ordinarily favor his release. In a 19-page ruling delivered electronically on Tuesday afternoon, the magistrate acknowledged that Lukwago had presented strong grounds for bail, including a […]
Makindye Chief Magistrate Sarah Anne Basemera has denied bail to Kampala lawyer and opposition politician Erias Lukwago, ruling that the interests of justice currently outweigh the factors that would ordinarily favor his release.
In a 19-page ruling delivered electronically on Tuesday afternoon, the magistrate acknowledged that Lukwago had presented strong grounds for bail, including a fixed place of residence, substantial sureties and documented medical conditions requiring specialist attention. However, she concluded that the circumstances of the case did not justify releasing him at this stage.
The court found that one of the most key factors against granting bail was the prosecution’s confirmation that investigations into the alleged offence are still ongoing. The magistrate noted that the allegations cover several years, involve multiple accused persons and extend beyond Uganda’s borders, including activities allegedly conducted in Kenya. The court held that releasing Lukwago while investigations are still active could affect the administration of justice.
The magistrate also considered the nature of the offence before court. Lukwago is charged with misprision of treason, an offence linked to state security and punishable by life imprisonment upon conviction. While stating that the seriousness of a charge alone is not enough to deny bail, the court said it remains a relevant consideration when assessing whether an accused person will continue appearing before court until the case is concluded.
Another issue that weighed heavily on the court’s mind was Lukwago’s standing in society. The magistrate pointed to his status as a Senior Advocate, former Lord Mayor of Kampala and president of a national political party. The ruling states that these positions have given him extensive professional, political and social networks. Although the court stressed that it was not accusing Lukwago of interfering with witnesses or investigations, it said his influence could not be ignored while investigations remain incomplete.
The court was careful to insist that it was making no finding that Lukwago had interfered with anyone and that he continues to enjoy the constitutional presumption of innocence. Nevertheless, the magistrate said the key question was whether justice would be better served by keeping him in lawful custody until investigations have reached a more advanced stage. The answer, according to the court, was yes.
On the issue of health, the magistrate accepted that Lukwago suffers from genuine and documented medical conditions. The ruling recognized that his health concerns are serious and deserving of protection under the Constitution. However, the court found no evidence that prison authorities had denied him medical care or that Uganda Prisons Service was incapable of facilitating specialist treatment when necessary.
The magistrate further held that the inability of prison health facilities to provide certain specialist services does not automatically entitle an accused person to bail. Instead, the law allows prison authorities to refer inmates to specialized hospitals under guard whenever such treatment becomes necessary.
After weighing all the factors together, the court concluded that the interests of justice would be better served by refusing bail while ensuring Lukwago receives proper medical attention. The application was therefore denied.
Despite refusing bail, the magistrate issued several directives aimed at protecting Lukwago’s health rights.
The Officer in Charge of Murchison Bay Prison and the Commissioner General of Prisons were ordered to facilitate his referral to Mulago National Referral Hospital within 24 hours for comprehensive medical assessment and treatment by specialists.
The court also ordered that:
Lukwago’s wife be allowed reasonable access during the treatment process.
One lawyer of his choice be allowed access.
A medical report be prepared by Mulago specialists and submitted to court.
Prison authorities ensure he receives all prescribed medication and implements recommendations from doctors.
