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Courts will follow law on bail – CJ Katureebe

Courts in Uganda will continue to be guided by the Constitution and the law on matters relating to bail chief justice Bart Katureebe has said.

The chief justice was responding to remarks made by President Yoweri Museveni during the national budget reading that "bail for a suspected killer is not acceptable".

Museveni was making reference to a spate of murders that have shaken the country over the last 3-4 years. Among those killed include former police spokesperson Andrew Kaweesi, state prosecutor Joan Kagezi, serial murders of women in Wakiso, revenge killings in Masaka, Muslim clerics among others.

The latest this month took the life of Arua municipality MP Ibrahim Abiriga, who was gunned down together with his brother Saidi Kongo Butele near his home in Kawanda, Wakiso district.

Chief Justice Bart Katureebe

"There are two things I am not going to accept any more; police bond and bail. I don't want to hear about them again. Somebody suspected of killing our people, you give them police bond? This is not acceptable," Museveni said.

But justice Katureebe said that the Judiciary's position on bail can only change when the law is amended.

"It is simple: the issue of bail is governed by the Constitution and the law. Until the law is amended, bail will be granted or denied in accordance with the Constitution and the law," said Katureebe.

He adds that the courts presume all accused persons innocent until they are proven guilty in a trial - the very reason they have a right to apply for bail and the courts have the discretion to grant or deny the applications.

He explained that the law provides adequate safeguards and the courts take into account a number of considerations, including the matters of public safety, before they grant bail. The right to apply for bail is provided for in 1995 Constitution, the Magistrates Court Act and Trial on Indictment Act.

The Constitution provides for the right of an accused person to apply to the court to be released on bail subject to the legal requirements and conditions, which must be fulfilled before court grants bail.

It also gives the accused person before a Magistrate's court the right to be released on bail, if the person has been on remand for 60 days before trial.

Similarly, the Constitution gives a person charged with a capital offence the right to be released on bail if he or she has spent 180 days on remand before their committal to the High court for trial.

Ugandan laws also give powers to police officers in charge of police stations to release a person taken into custody without a warrant if it is not practicable to charge them within 48 hours of arrest.

Comments

+4 #1 Joseph Katuramu 2018-06-16 09:32
The president's outburst is ill conceived and misguided.

Whereas all us agreed on the need for security, it has to be done responsibility.

We are all familiar with massive roundups that have always followed the killing of several high profile figures in the Country.

To suggest that people arrested in such circumstances continue being detained without trial is immoral, inhuman and degrading.
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-3 #2 gatashimana 2018-06-16 11:11
In a fully democratic government, the constitution is what dictates what the long arm of law does with criminals.

In a country like Uganda, we should perhaps try out the use of common sense.

We should try out not being greedy and corruptible. This goes out to our dear judges and the police.

I don't agree with many of the government programs but I believe in what M7 said this time.

Police bond and court bail should be governed by a panel of good judges and police officers before repeat offenders and violent offenders are released.

Use good discretion for now until the constitution is amended to keep these animals in jail. Corruption will get you killed or your family members you greedy pigs.
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+2 #3 Remase 2018-06-16 13:08
Courts will follow law on bail – CJ Katureebe. Well said, however, Katureebe, you made a ruling which set a precedent that it is ok to rig presidential elections when you stated that the rigged votes didn't change the outcome!

That is the reason why we are where we are today. We are ruled by decrees!

You didn't follow the law then, because the law requires that your decision shold be based on the fact, evidence and the law.

That is, it was proven that indeed M7 rigged those elections. The fact is that his intention was to change the outcome.

Therefore even if he had not, you shouldn't have ruled in his favor. Therefore what law did you follow then? How do we trust the judicial system which you lead?

Because the head (you) is rotten, how could the body be ok? That is why M7 put it to you directly that the CJ is right here when he gave the directive. He knows who you are, corruptible!
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+1 #4 Odongkara 2018-06-16 14:31
This country in reality belongs to one person and I don't think the constitution is 100% respected as the judges want us to believe.

It's for real that many innocent citizens are going to fall victims of such arbitrary orders and we have started seeing it working with Hon. Namboze. This country needs God's saving.
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0 #5 gwok 2018-06-16 14:53
"Courts will follow law on bail – CJ Katureebe ...."

Well done, My Dear CJ. Dear Akot, this one is developing real but borrow-able balls, if you could do with some.
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+1 #6 Kabayekka 2018-06-16 18:33
One understands the Uganda constitution can be amemded by the NRM Parliament as soon as possible.
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+2 #7 juwait kali 2018-06-16 23:12
100% correct remase and kabakayekka.

This mad man feeling guilty played deafness when the international observers confirmed the concluded elections were not free nor fair.
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0 #8 Jama 2018-06-17 02:37
A judge of integrity is one who responds to his conscience, while executing his duties not to emotional injunctions coming from somewhere.

Most especially from someone with no sufficient knowledge in his profession.

In a normal country justice is independent and free from any political influence.
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0 #9 Lakwena 2018-06-18 08:58
[quote name="gatashimana"]In a fully democratic government, the constitution is what dictates what the long arm of law does with criminals. ...

I don't agree with many of the government programs but I believe in what M7 said this time. /quote]

Gatashimana, be careful with your belief in Mr. M7's madness.

Even after Cain murdered his younger brother Abel in God's presence (hearing and sight); God still released Cain on "God's Bond and Bail" and cautioned nobody to touch him (manslaughter).

There was a law of "detention without trial" in this country and Obote/politicians used it to settle scores and indefinably detain his/their opponents.

Why do you think e.g. in 2005, Mr. M7 and Gen Kayihura maliciously charged Dr. Besigye with rape and treason? Your answer will be as good mine.

The law/Constitution must be independent of personal sentiments.
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+1 #10 Lakwena 2018-06-18 09:09
Mr. M7 is by birth an inherent human rights violator.

If we allow his vanity and wishes to become laws, it becomes the ticket, which gives him the mileage to violate our human rights with impunity.

Like Emperor Nero, the man is now intoxicated with power, such that he is imagining becoming God.
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