The High Court in Kampala has delivered a significant ruling by granting bail to Enock Tumwesigye, a civilian who had endured 1,500 days on remand in various prisons under the orders of the Uganda People’s Defense Forces (UPDF) General Court Martial.

This decision marks a pivotal moment, reflecting recent developments in the legal landscape regarding the treatment of civilians in military courts.

Tumwesigye’s release comes on the heels of a Supreme Court ruling that prohibits the trial of civilians by military courts.

He is now among the beneficiaries of this ruling, joining lawyer Eron Kiiza, who was granted bail on contempt of court charges just two weeks prior.

On Thursday, Judge Isaac Muwata of the Criminal Division granted Tumwesigye cash bail amounting to two million shillings, with sureties bonded at ten million shillings, excluding cash.

Justice Muwata emphasized that Tumwesigye was eligible for mandatory bail after spending an extended period over 1,500 days detained without trial, which exceeds the constitutional limit of 180 days.

The judge cited the Supreme Court’s decision in the case of Attorney General v. Michael Kabaziguruka, which ruled the Court Martial unconstitutional for exercising jurisdiction over civilians, mandating that such cases be transferred to the Director of Public Prosecutions (DPP).

This ruling reinforces the principle that civilians previously charged in military courts must have their bail applications heard in regular courts, particularly for serious offenses like murder.

Justice Muwata asserted that any attempts to limit Tumwesigye’s right to bail could not be justified by the unconstitutional actions of the Court Martial, thus reinforcing the importance of upholding legal rights and due process.

This ruling is anticipated to have broader implications for other civilians who have faced similar military court proceedings, marking a critical step towards the promotion of justice and constitutional rights within the Ugandan legal framework.

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