Hon. Justice Masalu Musene delivering the ruling in Rtd Col Kiiza Besigye 's Bail Application
The High Court in Kampala presided over by Justice Wilson Masalu Musene has today (July 18, 2016) granted bail to Dr Kiiza Besigye, a former presidential candidate.
Dr. Besigye presented four sureties; MPs Hon. Nandala Mafabi and Hon. Rowland Mugume, Rtd Maj. Gen. Mugisha Muntu, Mrs Joyce Ssebugwawo who were each bound to Shs100m non cash. Dr. Besigye was also bound to Shs100m non cash sum.
"Having weighed all the circumstances and factors one after the other (Advanced age, attending previous court sessions and the sureties presented), I am inclined to grant bail to the applicant,” Hon. Justice Musene said.
Dr. Besigye who has been on remand since May, 2016 is facing treason charges. While delivering judgment to the packed court room, Hon. Justice Musene said, "although the applicant is said to be an influential person with a large political following that should not deny him liberty especially on allegations which have not been proved by affidavit or otherwise.”
He added that bail is representative of the notion that an accused person is innocent until proven guilty or if they confess.
Dr. Besigye, who wore his trademark blue checkered hooded jersey, was ordered to report to the deputy registrar of the criminal division fortnightly starting on July 26, 2016.
The Judge stated that courts of law are neutral and have no sides. He further urged Dr. Besigye to live peacefully and not to cause any violence as long as the case against him is still pending in court.
The ruling of Dr Besigye’s bail application was conducted under tight security.
All roads leading to the High Court were sealed off as far as Sheraton Hotel and City Square to the general public and access to the court was limited.
About the case
Dr. Besigye was on May 13, 2016 arraigned before Moroto Chief Magistrate, His Worship Charles Yeteise and charged with treason. On May 18, 2016 he was charged with treason before Nakawa Chief Magistrate His Worship James Ereemye Mawanda.
According to the charge sheet, Dr. Besigye on April 7, 2016 while at Kasangati, uttered words to the effect that he would establish a cabinet for Uganda.
Other accusations against him are that he unlawfully declared himself winner of the 2016 presidential elections, he defied lawful orders and mobilized people to attend his swearing in and that he unlawfully took the presidential oath, undertaking to execute the functions and duties of the office of the President.
Sections 23 of the Penal Code Act states that a person charged with treason suffers death upon conviction.
Full Ruling
Posted 12th, July 2016
