Gimara challenges judiciary over Besigye bail denial

Former Uganda Law Society (ULS) president, Francis Gimara, has challenged judges over the continued denial of bail to civilians tried before military courts, despite a Supreme court ruling declaring such trials unconstitutional.

Speaking at the 8th Memorial Lecture in honour of Chief Justice Benedicto Kiwanuka, Gimara criticised judicial officers, some of whom were present, for what he described as reluctance to grant bail in politically sensitive cases.

He singled out the case of veteran opposition leader and former NRA bush fighter Dr Kizza Besigye and his co-accused Obeid Lutale, who remain incarcerated along with several supporters of the opposition National Unity Platform (NUP), despite the Supreme court’s earlier directive to transfer all civilian cases from military to civilian courts.

“Despite the bravery of the Supreme court, I have been disturbed as a citizen about the fallout from the Kabaziruka decision, particularly regarding bail for individuals tried before the military courts,” Gimara said.

“While the High court has granted bail in many applications, the downside is that in many other cases bail has been denied.” The Supreme court earlier this year ruled that trying civilians in military courts was unconstitutional, ordering the transfer of all such cases to the civilian judiciary.

Yet judges continue to deny bail in high-profile cases. Gimara cited Besigye’s prolonged detention as a glaring example. Besigye, who was abducted from Kenya in November 2024 on allegations of possessing military-grade firearms and ammunition, has spent over eight months on remand despite multiple bail applications.

“The most publicly visible case is the repeated denial of bail to Dr Kizza Besigye,” Gimara observed. “If the judiciary can’t grant bail, can we demand that the Director of Public Prosecutions fixes the case for hearing?”

Gimara argued that Besigye’s treatment reflects on the judiciary’s independence and the public’s confidence in it.

“Whether we like it or not, the perceptions Ugandans have of this institution are shaped by how you treat him,” he told the judges.

The challenge was issued in the presence of Attorney General Kiryowa Kiwanuka and outgoing Director of Public Prosecutions (DPP) Jane Frances Abodo, who now serves as Uganda’s principal judge.

Gimara warned that some judges, often branded as cadres of the ruling NRM, risk betraying their judicial oath when presiding over politically charged cases. He urged the judiciary to live up to the courage of Chief Justice Benedicto Kiwanuka, who was abducted and killed on 21 September 1972 after issuing a writ of habeas corpus directing the military to produce a detainee held without trial.

Kiwanuka’s defiance of executive power, Gimara said, remains a benchmark for judicial bravery.

Torture and judicial complicity

Beyond bail, Gimara questioned why magistrates continue to remand suspects who appear in court visibly tortured, in clear violation of the Prevention and Prohibition of Torture Act, 2012.

“There are clear provisions on how to handle tortured prisoners,” he said. “We must interrogate whether we are abandoning the mark of courage that Ben Kiwanuka and the Kabaziruka decision espoused.”

He cited the case of Edward Sebuufu, a bodyguard of NUP leader Robert Kyagulanyi (Bobi Wine), who was presented before a Masaka court in May in a visibly tortured state. Sebuufu’s lawyers said he had been electrocuted while in military detention, yet the magistrate still remanded him.

Executive overreach

While acknowledging progressive rulings that have reinforced human rights and the rule of law, Gimara warned of creeping executive influence over judicial decisions.

“Courts have rightly stated that neither government policy nor a presidential directive not anchored in legislation has legal force,” he said.

“Nonetheless, we continue to see individuals subverting these decisions.” He cited as an example the ongoing construction by businessman Hamis Kiggundu on Nakivubo Channel, despite a 2024 directive by the Kampala Capital City Authority (KCCA) halting the works, a directive Kiggundu has ignored.

Gimara concluded by urging judicial officers to reclaim the spirit of independence and courage embodied by Chief Justice Benedicto Kiwanuka, warning that public trust in the judiciary depends on their ability to uphold the Constitution without fear or favour.