KAMPALA– A group of legal practitioners and lawyers, have Publically reminded the Chief Justice as well as the whole Judiciary, that bail is a constitutional right which is none negotiable.
In their letter dated 19th August 2025, these described Chief Justice Alfonse Owiny Dollo’s recent remarks on bail , in which he referred to demands against bail as nonsense, as unconstitutional.
“It supports the principle that everyone is innocent until proven guilty. As Justice Mbogoholi- Msagha (Kenya) once said, without bail, the presumption of innocence would be an empty promise. Justice Ogoola (PJ Emeritus) described the right to bail as so fundamental that it was next to the right to life.”
They also pointed out that, the Constitution guarantees the right to bail, not just the chance to ask for it, pointing out Article 23(6)(c) which stipulates that an accused person must be granted bail if they have spent more than a specified number of days on remand.
“When fundamental rights of citizens are at stake, the Chief Justice seems more
focused on enhancing administrative functions and getting bigger budgets for courts
(with gyms and hair salons), that have limited relevance to the protection of these rights, than ensuring fair judgments.”
That this is evident in the case of Rtd Col. Dr. Warren Kizza Besigye, who has twice been denied bail on spurious grounds.
“When the Chief Justice stays silent as others call for denying bail to certain ‘criminals,’ he fails to protect the judiciary’s independence and betrays the constitutional duty to protect constitutionally guaranteed rights. We see everyday more and more examples of a cowered judiciary, hiding behind their judicial robes, as the rights of citizens are trampled on by a wayward executive.”
The individuals behind this letter include Eron Kiiza, Steven Kalali Lilian A. Drabo, Michael Aboneka, Morgan Muhindo, Bernard, Banturaki, Ronald Samuel Wanda, Paul Mukiibi, Ivan Bowen, William Muhumuza, Edward Kati Ssekabanja, Phillip Karugaba and Paul Mukiibi.
