The Deputy Attorney General, Jackson Kafuuzi Karugaba today made a clarification in regards to President Yoweri Museveni’s ban on issuance of police bond to suspects, saying the directive does not abolish the right to bond, and the directive is within the confines of the law.
Mr Kafuuzi was responding to questions raised by the Opposition Chief Whip, Hon John Baptist Nambeshe on 9th January 2025, pointing to acts of human rights violations by the state including; trial of civilians in military courts, the legality of the Court Martial, and President Yoweri Museveni’s directives banning police bond which he said threatened constitutionalism in Uganda.
It should be noted that President Yoweri Museveni, in his new year’s message, stated among others that:
“I have raised the issue of bail with His Lordship the Chief Justice, and I
have banned the issue of police bond. Any Police personnel that gives
police bond to a village thief when the case is ready for trial will be held
accountable …the handling of the village thieves legally but firmly is good for the villages and also for the thieves themselves”
Mr Kafuuzi explained that the implication of the above statement is not to ban police bond but to emphasize to the police that once a case is ready for trial then there is no need to give bond to a suspect.
He said members should note that the President’s statement strictly referred to cases ready for trial and what this means is that at that stage investigations are complete and
the case is ready for hearing and such a suspect is already on remand.
“The President’s statement was a clarion call to the Justice Law and Order sector to ensure that they use their discretion judiciously in granting bond” Mr Kafuuzi stated adding;
“The President’s statement, as analyzed in its full context, was not a threat to abolish the right to police bond but rather a call for caution and greater accountability in its application.” He noted.
On the jurisdiction and legal status of the Army Court, Kafuuzi said the General Court Martial is a creature of Parliament owing to Article 129(1) of the Constitution which provides for powers of the house to establish “subordinate courts,” alongside the Supreme Court, Court of Appeal and High Courts.
He however declined to commit government on the Court Martial’s jurisdiction over civilians, saying the matter is pending determination before the Supreme Court in the case of Attorney General vs Hon. Michael Kabaziguruka. “We recommend therefore that we respect the sub judice rule and avoid discussing this matter and await the decision of the Supreme Court” Mr Kafuuzi stated.
