The Anti-Corruption Court in Kampala has granted cash bail of 50 million Shillings to three Members of Parliament facing corruption charges.
Justice Lawrence Gidudu, presiding over the case, approved the bail on Monday after the legislators had spent 55 days in remand at Luzira Maximum Security Prison.
Each of the MPs—Paul Akamba, Yusuf Mutembuli, and Cissy Namujju—was required to provide a surety who would sign a commitment to a non-cash bail of 100 million Shillings, ensuring they return for trial if the MPs abscond.
Additionally, the court ordered the accused to deposit their passports and commit to attending trial until its conclusion by October 31, 2024.
If the MPs fail to comply with these terms, they must return to prison and continue the trial on August 8, 2024. The MPs are represented by a team of lawyers including Mwesigwa Rukutana, Brian Rubaihayo, Edgar Ayebazibwe, Caleb Alaka, and Evans Ochieng.
Justice Gidudu explained that bail is discretionary, intended to balance public interest with the rights of the accused. He emphasized that considerations include the accused’s fixed abode, the presence of substantial sureties, and the risk of witness tampering or flight.
He noted that in financial crimes like this, where large sums of money were involved, the court must ensure that the trial process is not undermined by releasing the accused.
The case involves allegations that the legislators solicited 20 percent of an anticipated increase in the Uganda Human Rights Commission (UHRC) budget, promising to exert improper influence on the budget committee and the Ministry of Finance.
However, the UHRC did not concede, and the 20 percent was not paid. Justice Gidudu acknowledged that while the scheme failed, it highlighted a pattern of bribery among parliamentarians.
He remarked that MPs are among the highest-paid individuals in Uganda and are in a position to adjust their salaries according to the cost of living.
Despite public frustration with corruption, the court must provide judicial reasons for granting bail and cannot dismiss applications solely based on the trial’s commencement.
“I am aware that the country is in the combative mood of corruption. The public is fed up with corruption given the news I’m seeing in the press and social media, the need to keep such prisoners away from societies is compelling,” said Gidudu.
Justice Gidudu also addressed the admissibility of audio recordings from Mariam Wangadya, Chairperson of the Uganda Human Rights Commission, which allegedly captured conversations with the MPs demanding a bribe.
He ruled that Wangadya lacks the expertise to present the audio as evidence and that forensic analysis is required.
“It’s not clear why the Prosecution wants the witness to play the sound of her voice now. We have not yet reached that stage of the recordings. When we reach that stage, we shall cross the bridge. We are still on Wangadya’s testimony, and then in the future, someone can play it and we say, yes that’s what Wangadya was talking about in her testimony. The objection is therefore upheld,” said Gidudu.
While Akamba has been granted bail, he faces additional charges related to the theft of cooperative funds, implying that he will remain in custody due to these pending charges.
He is jointly charged with Mudimi Wamakuyu, and Michael Mawanda, both legislators, Trade PS Geraldine Ssali Busuulwa, Leonard Kavundira, and Lawyer Julius Kirya Taitankonko on charges related to theft of cooperatives cash worth billions of shillings.
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