President Museveni has stood firm on the issue of providing bail to capital convicts, indicating that he is prepared to mobilize the populace in Kampala to protest the matter.
“On the bailable offenses, we must concur.” There are also issues with the judiciary. In the judiciary, there are some bad apples. According to the Constitution, bail may be granted. Someone murders another and you release them on bail? On Friday, Museveni cautioned, “Don’t incite them into mob justice.”
“I’m preparing to mobilize.” Here in Kampala, you might see a large demonstration of wealth producers arguing about local robbers. They’re fed up with crooks. Some are detained and released on bond.”
At the High Court headquarters in Kampala, the president presided at the start of the new legal year.
Those who commit rape, defilement, or murder should face harsh consequences, Museveni said, but he asked police, the Director of Public Prosecutions, and judges to move cases through as quickly as possible.
“If the police, DPP, and courts could bring this to the attention of the public. If you murder someone, you will be found guilty within a reasonable amount of time.
My conviction does not support the imposition of a life sentence. You have to die because you killed. What you (the judiciary) are doing right now does not sit well with our people.
After some time in prison, the person changes and is forgiven. Allow the person to be sentenced to death and forgiven, but he must be aware that he is about to die. I would not have survived if it hadn’t been for the president’s forgiveness.
If things continue as they are, the president predicts confrontation between the judiciary and the people he represents, including the general public, the army, and freedom fighters.
He did, however, encourage the judiciary to give his case as much weight as possible, emphasizing that there will be no compromise.
“Don’t let rioters ruin other people’s property while you treat them badly” (lightly).
There will be no rapping. Our women must be protected. Anyone who rapes or defiles a girl must be put to death. That is the point of view of my constituents.”
The argument about bail and police bonds for capital defendants has recently been reignited by Bail President.
“Some judicial officers and police personnel remain a concern.” Some court officers make decisions that have no basis in reality.
Many people have perished in Masaka, and suspects have been released on bond. And we’re told that bail is a legal right. Bail is a legal right for criminals. What about the victims’ rights? “They don’t have any right,” Museveni recently stated.
Article 23 (6) of the Republic of Uganda’s 1995 Constitution guarantees the right to bail as a basic right.
According to the constitution, if a person is arrested for a criminal offense, they have the right to petition to the court for bail, which the court may grant under certain terms.
It further states that if a person has been held in jail in relation of an offence before trial for 120 days and is triable by both the High Court and a subordinate court, the person shall be released on bail on such conditions as the court judges reasonable.
If a person has been remanded in jail for an offence triable only by the High Court, the Constitution states that if the person has been remanded in custody, the person shall be released on bail on such conditions as the Court finds reasonable.
before the matter is sent to the High Court for three hundred and sixty days.
The basis of this provision is found in Article 28 of the same Constitution which states that an accused person is to be presumed innocent until he/she is proved or he/she pleads guilty.
The president has also in the past expressed similar sentiments towards giving bond to suspects in capital offences.
Section 17(3) of the Criminal Procedure Code Act says that where, on a person’s being taken into custody it appears to the police officer in charge of the police station to which the person is brought that the inquiry into the case cannot be completed forthwith, he or she may release that person on his or her executing a bond.
This(release on bond) can be done with or without sureties, for a reasonable amount to appear at such a police station and at such a time as is named in the bond.