Author: Frank Bwambale. PHOTO/COURTESY
On July 8, the Uganda Law Society (ULS) – probably in a quest to emulate the Kenyan Law Society that has been at the forefront of expressing solidarity with Gen Z protesters – appeared at Buganda Road Chief Magistrates Court in Kampala.
They were led by their president, Mr Bernard Oundo, into the court where Ms Fatuma Nansubuga was being charged with being a public nuisance for peacefully marching with a placard to Parliament, demanding the resignation of Speaker Anita Among over alleged corruption, mismanagement and opulence of the 11th Parliament.
The presiding magistrate agreed to grant her cash bail of Shs1m and bonded Shs10m non-cash to her sureties.
The ruling was perceived to be a “landmark victory” and, according to a statement by the ULS on their X handle (formerly Twitter), the accused Nansubuga was “free at last” because “earlier, our president @BmalinguOundo led the embattled Fatuma Nansubuga’s legal team and were able to secure her bail at Buganda Road Chief Magistrates Court...”
I found the statement a bit disturbing, especially because ULS was enabling the Judiciary to be used to fight free speech. I was puzzled by ULS’ inability to protest the hefty Shs1m bail charge.
On my X handle, @_frankbwambale, I quoted the ULS post.
“Which reasonable law society would probably celebrate paying Shs1m cash bail for such a small case? The Judiciary has deliberately made activism too costly as a means to curtail the right to peaceful protest! As ULS, that should be your focal point,” I opined in an X post.
It’s not that I’m discouraging ULS from demonstrating solidarity with some activists, but the spirit in which I drive my point is patriotic. I want ULS to at least challenge the bail fees that have been hiked each time political activists are arraigned before court.
I have followed numerous cases, ranging from the youth who protested against the Karamoja iron sheets theft, and local councillors who demanded the release of political prisoners. One thing is uniform; their cash bail fee has been Shs1m.
I find this fee too high for an ordinary Ugandan who may want to demonstrate peacefully against corruption, insufficient social services, among others.
I remember the June 6, 2022, matter in which activist and former presidential candidate Kizza Besigye who was similarly charged with inciting violence after he protested against skyrocketing consumer prices.
Buganda Road Grade One Magistrate Siena Owomugisha had inflated Besigye’s bail charge to a tune of Shs30m, which he objected to pay in preference for remand.
His lawyer Erias Lukwago later appealed at a higher court and Justice Michael Elubu sliced it to a reasonable Shs3m, which was still a higher fee considering the punishment for the charge in case of conviction. The maximum sentence for inciting violence attracts a maximum sentence of three years on conviction, and if court would prefer a fine it would be around Shs1.4 million.
Personally, I’ve been jailed before as a student activist at Makerere University. My two co-accused – David Musiri and Roy Rugumayo – and I were bailed at Shs200,000 cash each in October 2018.
At the time that money was hefty for us as students since we had no occupation. And to make it worse, even after court dismissed our matter, the bail fees were never refunded, which also made me wonder where that bail cash goes.
To date, this still puzzles me. I wonder, yet again, is the Judiciary deliberately obstructing the right to peaceful demonstration, free speech and political association by hiking bail fees?
The author is a political activist and researcher. @_FrankBwambale
