Prime
Ssewanyana, Ssegirinya week away from receiving bail
What you need to know:
- After the eight days, they will have clocked the constitutional 180 days on remand without trial in which a suspect facing capital offences is entitled to be released on mandatory bail, also known as court bond or automatic bail.
Jailed Opposition MPs Allan Ssewanyana (Makindye West) and Muhammad Ssegirinya (Kawempe North) are eight days away from benefiting from automatic release on bail as provided for by the Constitution.
After the eight days, they will have clocked the constitutional 180 days on remand without trial in which a suspect facing capital offences is entitled to be released on mandatory bail, also known as court bond or automatic bail.
The duo was charged on September 7 last year before Masaka Magistrate’s Court with murder in connection with last year’s spate of killings in the Greater Masaka region by machete-wielding men.
They were later slapped with additional charges of terrorism and abetting terrorism.
Under Article 23(6)(b) and (c) of the Constitution, the accused person has the right to apply to be released on bail and if the person has been on remand for 60 days before trial begins in the chief magistrate’s courts.
The law also gives a suspect 180 days if they have been on remand before trial starts in respect of a capital offence only triable by the High Court.
However, several suspects remain on remand despite such constitutional provisions.
In the bail amendments prepared for Cabinet’s consideration, Attorney General Kiryowa Kiwanuka proposed that Article 23(6) (b) of the Constitution be amended to provide that a person accused of committing an offence triable by both the High Court and subordinate courts shall not be granted bail until after 180 days or trial commencement, or when the Director of Public Prosecutions discontinues proceedings.
Under the current bail law, an accused person has a constitutional right to apply to be released on bail and court has the discretion to release or not to release him/her.
Efforts to reach Kampala Lord Mayor Erias Lukwago and Ms Shamim Malende, the legislators’ lawyers, on what steps they will take regarding the constitutional provisions, were futile as they neither answered our repeated calls.
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