Sewanyana and Ssegirinya were first arrested on September 7, 2021, alongside seven others in connection to the machete killings in the greater Masaka district. They were later on September 21, 2021, granted bail but were shortly after re-arrested from the outskirts of Kigo prisons on fresh murder charges preferred against them stemming from the Lwengo district machete killings where more than 20 people were killed.
Following their rearrest, their lawyers including Samuel Muyizzi Mulindwa, Shamim Malende and Kassim Sekalema, the legislators petitioned the High court seeking compensation of Shs 300 million and release from prison where they argued that their clients were illegally being imprisoned.
The lawyers told court that the legislators were illegally re-arrested because they had shortly been granted bail by justice Victoria Katamba and fulfilled all the bail terms including the payment of Shs 20 million each.
Court heard that Ssegirinya and Ssewanyana were tortured, and manhandled to the extent of inflicting bruises and injuries on their bodies which was inhuman, degrading and also a violation of their human rights enshrined in the constitution.
But prosecution led by Richard Birivumbuka opposed their application, saying the two are properly in jail at Kigo prison because they have pending murder charges on which Masaka High court judge, Lawrence Tweyanze denied them bail.
In her ruling delivered on Wednesday afternoon, justice Elizabeth Alidviza found out that the manner in which the MPs were rearrested was irregular and inhuman but declined to order government to compensate them saying that they have pending murder charges.
She added that the MPs are in lawful custody at Kigo prison and as such, the order requesting for the declaration that they are in unlawful custody and subsequent release pending trial is unattainable.
She accordingly ordered the MPs to reappear in court on July 19, 2022, for their case to be mentioned. The ruling was read by registrar Pamela Lamunu in an open court in Kampala.
The ruling comes a few hours after the Court of Appeal justices; Cheborion Barishaki, Christopher Izama Madrama and Eva Luswata declined to entertain the MPs’ bail appeal saying it had no jurisdiction to do so.
On October 25, 2021, Masaka High court judge Lawrence Tweyanze denied them bail on grounds that they are accused of a string of capital offences that all attract a maximum of the death penalty and that the MPs could flee from justice and given their position in society as lawmakers, they would interfere with the trial process.
Dissatisfied, they appealed the decision.
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