City lawyer challenges Judiciary’s new bail guidelines
Chief Justice (CJ) Alfonse Owiny-Dollo
What you need to know:
- Mr Kalali now wants the court to declare that the act of the CJ amounted to usurping the legislative powers of Parliament.
- He also wants court to issue restraining orders to the Judiciary and its agents preventing them from enforcing the said new bail guidelines.
A lawyer has challenged the Judiciary’s new bail guidelines that were recently issued by Chief Justice (CJ) Alfonse Owiny-Dollo.
In an October 18 petition now before the Constitutional Court, Mr Steven Kalali accuses the CJ of abusing his administrative powers, saying this should have been Parliament’s role since it is the one with the constitutional mandate to come up with pieces of legislation in the country.
Mr Kalali also claims the new guidelines were processed and issued without the participation of the general public.
“…The provisions of the Constitution (Bail Guidelines for Courts of Judicature) Practice Directions that commenced on June 28, and were issued on June 18, are a clear abuse of the administrative powers conferred on the Chief Justice under Article 133 (1)a, b,” reads the petition.
“The provisions of the directions infringe or violate the Constitution in as far as they are inconsistent with or in contravention of Article 3, 20, as well as void for lack of public participation contrary to Articles 11 (1) of the National Objectives and Directive Principles of State Policy,” the petition further reads.
The new guidelines
In the new bail guidelines launched in July, a judicial officer has to hear and determine a bail application within one month, unlike before when the time to hear a bail application was open-ended.
There is now uniformity of bail terms issued by judicial officers, unlike before when judicial officers could give different bail terms on similar offences.
In the new guidelines, a complainant can raise their hand in court during the bail application session and be given chance to speak out on issues that he or she thinks can have a bearing on the outcome of the ruling.
The guidelines also demand that court may now grant bail to a vulnerable person on his or her own recognizance or on recognizance being entered into by his or her parent, guardian or other responsible person, with or without sureties.
Previously, the requirements for one to be released on bail seemed vague. However, under the new guidelines, some of the requirements needed for a suspect to be released include a copy of the national identity card or passport, employment card or student identity card.
