Human rights lawyers and civil society leaders are pressing the High Court’s Criminal Division to adopt a rights-based approach to Uganda Court Martial bail. They argue that civilians once charged in military courts remain unfairly detained despite the Supreme Court’s ruling against such trials.
The petition highlights cases of Dr Kizza Besigye, Obeid Lutale, and Anthony Agaba alias Bobi Young. These individuals have been denied bail for years. The lawyers demand that the High Court consolidate progressive rulings such as Kiiza Eron v Uganda, Kareodu Robert Irama v Uganda, and Tumwesigye Enock v Uganda. All these rulings followed the Supreme Court’s January 31, 2025 decision in Attorney General v Michael Kabaziguruka, which declared that civilians cannot face trial in the General Court Martial.
In an August 28 letter to the Criminal Division head, more than 25 lawyers condemned the situation. They argued that prolonged detention in military courts violates liberty, the presumption of innocence, and the constitutional right to bail after 180 days in capital cases.
Peter Walubiri, a senior lawyer and signatory, strongly criticized the delays. “It is unacceptable that Dr Besigye and others continue without bail despite constitutional guarantees. The High Court must entrench the progressive approach already shown by Justices Elubu, Muwata, and Serunkuma,” he said.
Civil society groups added that many detainees remain in “procedural purgatory.” Their cases have not shifted to civilian courts even after the Supreme Court’s order. Moreover, bail applications such as Besigye’s, filed after nine months on remand, have also faced rejection.
The lawyers urged the Criminal Division to issue guidance compelling judges and registrars to follow precedent. In addition, they demanded that the Attorney General publish a report on steps taken to implement the Kabaziguruka judgment. They argued that transparency would help restore public confidence in the justice system.
“Public office is a trust,” their letter stated. “Leaders must be accountable for protecting rights and liberties.”
Constitutional lawyer Henry Onoria praised recent court decisions. “These rulings place human dignity at the center of criminal procedure. The High Court must entrench this approach so that no citizen loses liberty to institutional inertia,” he said.
Rights groups warn that unless reforms move forward, Uganda risks continued violations of constitutional protections. These include bail rights, the presumption of innocence, and the guarantee of timely trial. As a result, lawyers and activists insist the High Court must act decisively to protect civilians and uphold the rule of law.
The struggle over Uganda Court Martial bail highlights a larger battle for constitutional justice. With the Supreme Court ruling against military trials for civilians, the High Court now faces pressure to harmonize bail decisions. Therefore, this moment offers a chance to strengthen the rule of law and protect every citizen’s freedom.
READ: Call for Dr. Kizza Besigye’s Immediate Release Gains Momentum
