Buganda Road Chief Magistrate’s court has denied bail to jailed lawyer Male Mabirizi after finding that his application failed to meet key legal requirements, including the submission of valid identification documents.
In a ruling delivered today Friday, chief magistrate Ritah Neumbe Kidasa dismissed Mabirizi’s bail application, saying it did not comply with the Constitutional Bail Guidelines for Courts of Judicature Practice Directions, 2022.
Mabirizi, who is facing charges of hate speech and spreading malicious information, had not attached a copy of a valid national identity card, passport, or any other legally recognised identification document to support his application.
“The application is lacking in terms of content relating to a copy of the applicant’s identification document as required by paragraph 12 of the Constitutional Bail Guidelines. On that premise, I hereby dismiss the application for non-compliance with paragraph 12 of the Constitutional Bail Guidelines,” Kidasa ruled.
The magistrate outlined the legal framework guiding bail applications, citing Section 77 of the Magistrates’ Courts Act, which requires courts to consider factors such as the nature and gravity of the offence, the potential punishment, the applicant’s antecedents, whether the accused has a fixed place of abode, and the likelihood of interfering with witnesses or evidence.
She also referred to the 2022 Constitutional Bail Guidelines, noting that successful bail applications typically depend on two factors, the stability of the sureties and the credibility of the applicant.
While reviewing the application, the court first assessed the sureties presented by Mabirizi’s defence. The prosecution, led by chief state attorney Richard Birivumbuka, objected to the sureties, citing expired national identity cards, lack of proof of employment, and failure to demonstrate fixed residence.
Although the Registration of Persons (Amendment) Regulations No. 67 of 2024 extended the validity of national identity cards from 10 to 11 years, holders are required to apply for renewal at least two months before the expiry date.
Kidasa noted that all the sureties — including lawyer Nasser Kibazo, Mabirizi’s sister Rukiat Ssebadduka, and his brother Ismael Nsereko Male had submitted expired identity cards without proof that they had applied for renewal.
“Since none of the sureties arranged either a renewed or valid national identity card, or proof of application for renewal, I cannot rely on the expired identity cards submitted,” the magistrate ruled.
She concluded that the sureties had failed to properly identify themselves and were therefore not substantial. Mabirizi’s defence team had submitted a letter of introduction from a Local Council One (LC1) chairperson from Mulago, describing him as a public human rights defender, and argued that it should satisfy bail requirements.
However, Kidasa rejected the argument, citing Paragraph 12A of the Constitutional Bail Guidelines, which requires that a bail application include a copy of the applicant’s national identity card, passport, alien’s identification card, or employment identification card.
The magistrate emphasised that the use of the word “shall” in the guidelines makes the requirement mandatory. She also dismissed the defence’s claim that Mabirizi’s National Identification Number (NIN) was sufficient. “
If the law had thought that a NIN was sufficient in supporting a bail application, it would have said so, but it did not. A NIN cannot serve the same purpose as a copy of an identification card in this case,” she said.
Prosecutors further argued that Mabirizi should not be released on bail, citing concerns over questionable identification documents, unreliable sureties and his previous conviction for contempt of court.
In 2022, Mabirizi was sentenced to 18 months in prison for attacking judicial officers. The prosecution also warned that if released, Mabirizi could use social media to intimidate witnesses or undermine judicial processes.
They added that one of the proposed sureties, Nasser Kibazo, had previously appeared as Mabirizi’s lawyer in the same case, raising questions about his suitability. Mabirizi is facing charges of malicious information and hate speech linked to social media posts allegedly made in January 2026 on TikTok under the account @male.mabirizi.
The prosecution alleges that he referred to chief justice Flavian Zeija as a “crook and conman” and made similar remarks about justices of the Court of Appeal and Constitutional court, with the intention of ridiculing judicial officers publicly.
Mabirizi denies the charges, maintaining that he was exercising his right to hold public officials accountable. Following the dismissal of the bail application, Mabirizi’s lawyers, led by Uganda Law Society vice president Anthony Asiimwe, said they will file a fresh bail application in the High court and seek a revision of the ruling. Mabirizi is expected to reappear before the Buganda Road court on March 20, 2026.