KAMPALA– High Court judge, Professor Andrew Khaukha has declined to release on bail Ssekitoleko Yasin aka Machete, one of the National Unity Platform supporters who was charged with Treachery charges and unlawful possession of ammunition before Makindye General Court Martial.
Machete is one of the beneficiaries of the Supreme Court decision (Michael Kabaziguruka Vs Attorney General) which ruled that the Army court has no power to try civilians and thus ordered those with pending files before the court martial, to be transferred to civil courts.
Through his lawyers, Yasin applied for bail before High Court Criminal Division pending his expected trial before the same court.
“This Court cannot exercise jurisdiction over a matter that has not been properly brought before it through established legal procedures. The applicant’s case must first undergo the process of initiating criminal proceedings in a Magistrates Court before this Court can entertain any bail application.” Ruled Court
The judge added that although Court acknowledges the exceptional circumstances created by the Kabaziguruka decision, the integrity of the judicial system depends on strict adherence to established procedures, even in exceptional circumstances.
“The Kabaziguruka decision, though creating new realities for the transfer of cases, does not provide blanket authorization to bypass the procedural safeguards on initiation of criminal proceedings in a civilian court.”
Basing on the above grounds, Court dismissed Machete’s application on grounds that it lacks jurisdiction to entertain it, but advised the applicant that he is at liberty to pursue proper committal proceedings through a Magistrates Court and upon proper adherence to procedure, the he has a right to file a fresh bail application.
Machete has been on remand for close 5 years now, at the beginning of this year, he engaged in hunger strike in prison challenging his long time remand period without trial.
However, he was calmed by various stakeholders and he later on decided to quit the strike and ended up petitioning court to have him released on bail pending the hearing of his case.
