Kampala, Uganda – 14 April 2025 – The Uganda Law Society (ULS) has issued a strong condemnation of Judge Rosette Comfort Kania, accusing her of breaking the law in her recent decision to deny bail to opposition leader Dr. Kizza Besigye and Hajji Obeid Lutale.
The controversial ruling, delivered on 11 April 2025, came despite the duo having met all legal requirements for bail.
In a sharply worded statement, the ULS criticized Judge Kania for basing her decision on speculation and paternalistic reasoning, citing concerns that the accused might interfere with investigations due to the seriousness of the charges. The judge further justified continued detention as a protective measure, claiming it would prevent the accused from “falling prey to the temptation to interfere with the investigations.”
However, the ULS insists the judge’s ruling was not only legally unfounded but also fundamentally flawed. “Judge Kania’s decision is fundamentally flawed and impeachable, as she failed to cite any law or precedent for her departure from established principles,” the ULS wrote, referencing landmark cases such as Uganda (DPP) v Col (Rtd) Dr Kizza Besigye, Attorney General v Tumushabe, and Attorney General v Uganda Law Society.
The statement stressed that judicial discretion is not absolute and must be exercised in line with well-established legal principles. By relying on personal opinion rather than legal precedent, Judge Kania is accused of judicial overreach and undermining the rule of law. “Judges stepping outside the law fractures the foundation upon which society stands, compromising justice and public trust,” the ULS warned.
In response, the Uganda Law Society announced plans to report Judge Kania to the Judicial Service Commission under Executive Order RNB No. 2 of 2024. The ULS is also urging Dr. Besigye’s legal team to file a fresh application and approach the head of the Criminal Division for a new ruling. Additionally, the society called upon the High Court’s Civil Division to expedite the stay of execution application filed by President Isaac Ssemakadde, along with other urgent habeas corpus applications, including one for Advocate Eron Kiiza.
The ULS statement was signed by Vice President Asiimwe Anthony, who reiterated the society’s commitment to upholding judicial accountability and protecting public confidence in the legal system.
“Justice delayed is justice denied” the statement concluded.
