The High Court in Kampala has issued another landmark ruling by granting bail to Enock Tumwesigye, a civilian who had spent 1,500 days on remand in various prisons on the orders of the Uganda People’s Defence Forces (UPDF) General Court Martial.
Tumwesigye’s release follows a recent Supreme Court decision that barred the trial of civilians in military courts.
He becomes one of the notable beneficiaries of this ruling, alongside lawyer Eron Kiiza, who was released on bail two weeks ago on contempt of court charges pending appeal.
On Thursday, Criminal Division Judge Isaac Muwata granted Tumwesigye a cash bail of two million shillings.
His sureties were each bonded at ten million shillings, not in cash. Justice Muwata noted that Tumwesigye qualified for mandatory bail, having spent over 1,500 days in detention without trial, well beyond the constitutional limit of 180 days.
He also cited the Supreme Court’s decision in Attorney General v. Michael Kabaziguruka, which declared the Court Martial unconstitutional for trying civilians and directed the transfer of such files to the Director of Public Prosecutions (DPP).
“In the instant case, there is no doubt that the High Court possesses the inherent power and is vested with the jurisdiction to grant bail to any accused person, including those charged with capital offenses. This is enshrined in Article 23(6) of the Constitution of Uganda and further detailed in the Trial on Indictments Act,” said Muwata.
The judge ruled that bail applications for civilians previously charged in military courts must be heard by ordinary courts, especially in capital offense cases such as murder.
He stressed that the applicant’s right to bail could not be limited by the unconstitutional proceedings of the Court Martial.
“Having established that the General Court Martial lacks jurisdiction and that this Court has the power to intervene, I now turn to the question of whether the Applicant is entitled to mandatory bail under Article 23(6)(c) of the 1995 Constitution and Section 15(2) of the Trial on Indictments Act,” he ruled.
Justice Muwata emphasized that Article 23(6)(c) guarantees bail for individuals held on remand for over 180 days without committal.
Tumwesigye, he added, had exceeded this threshold by far-having been detained for nearly four years.
While the Prosecution objected to the bail application, citing the gravity of the charges, possible flight risk, and interference with witnesses, Justice Muwata found these claims unsubstantiated.
“The Applicant’s detention for over 1,500 days without trial, under the authority of a tribunal that lacks jurisdiction, is a clear abuse of process,” Muwata stated.
“The General Court Martial’s lack of jurisdiction over the Applicant renders his continued detention unlawful from the outset, and the failure to transfer his case to a competent court in time has resulted in a gross violation of his right to an expeditious trial and the right to apply for bail.”
Tumwesigye was first arrested on September 4, 2019, in Rubanda District and charged with murder under CRB 332/2019.
These charges were withdrawn by the DPP on December 9, 2019. However, on January 1, 2021, he was re-arrested and later arraigned before the General Court Martial on March 22, 2021, on the same murder charges, despite being a civilian and despite the charges having been withdrawn earlier.
He remained in detention for over 1,500 days without being committed to trial before his successful bail application was heard.
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