Published on 03/04/2025
Members of Parliament on the Legal Committee have criticized the Judiciary for what they termed as reckless handling of bail applications, questioning the professionalism and common sense of some judicial officers.
MPs expressed frustration over unnecessary delays, with some judicial officers taking up to two weeks just to decide on bail, a practice they say undermines justice.
The criticism was led by Bugweri County MP Abdu Katuntu and Busiro East MP Medard Ssegoona during a meeting with Judiciary officials on April 2, 2025, where they presented their Ministerial Policy Statement for the 2025/26 financial year.
Unnecessary Bail Delays
“There is this simple thing called bail, yet someone adjourns a case for two weeks just to decide whether to grant it. This is madness—pure madness,” Katuntu said. “It is unprofessional, illegal, and lacks common sense. Take a decision—grant or deny—but don’t adjourn for weeks. And yet, we address you as ‘Worships,’ ‘Lordships,’ and ‘Justices,’ when your actions scream injustice.”
Ssegoona echoed Katuntu’s sentiments, questioning what is so complex about bail rulings that justifies prolonged adjournments. He also shared his personal frustration, revealing that he has been on bail for 16 years without ever being formally discharged because his court file has repeatedly gone missing.
“You adjourn a bail application as if it’s a complex legal matter,” Ssegoona remarked. “Someone goes to court, and a magistrate tells them their bail hearing is set for two or three weeks later. This defeats the Constitution, which guarantees personal liberty unless justified otherwise. Innocent people are entitled to freedom, yet the Judiciary is aiding the state in detaining them without cause.”
Ssegoona further expressed his own ordeal: “My daughter was not even born when I was first granted bail. Now she is 16, yet every time I return to court, they tell me my file is missing. So, I remain technically on bail indefinitely. Is this justice?”
Exorbitant Bail Fees
The MPs also questioned the Judiciary’s practice of imposing hefty bail fees, arguing that it disproportionately affects the poor and turns justice into a privilege for the wealthy.
“Why has money become the determining factor for bail?” Katuntu asked. “Bail is meant to secure someone’s court attendance, yet we have turned it into a financial burden. If you don’t have money, you have no chance at freedom. This is not justice—it’s extortion.”
Ssegoona added: “People are beaten by police, arrested, and brought to court with swollen faces. Instead of receiving justice, they are sent to prison, and when bail is finally granted, they are asked for exorbitant sums they cannot afford. Why make bail so prohibitive for ordinary Ugandans?”
Calls for Reform
The MPs called for a review of judicial decisions on bail and proposed legislative reforms to curb judicial officers’ discretionary powers.
“We need to move away from mere guidelines and enact substantive legislation that ensures fairness in bail applications,” Katuntu suggested. “Judicial officers must exercise their discretion judiciously. If they fail to do so, then Parliament must step in with legal reforms.”
However, Ssegoona rejected the idea of restricting judicial discretion through legislation, arguing that such a move would likely be deemed unconstitutional.
“If you do that, I would take you to court, and they would rule against it,” he warned. “You cannot tamper with judicial discretion through legislation.”
Judiciary Responds
Pius Bigirimana, Secretary to the Judiciary, apologized for the shortcomings, acknowledging systemic and individual failings within the institution. “We recognize the challenges and are working to address them—both in terms of human resources and institutional systems,” Bigirimana stated.
However, he defended the current practice of monetizing bail, saying it remains the most practical option available. “For now, this is what we have,” he explained. “But we welcome suggestions from MPs on alternative approaches.”
Katuntu dismissed this defense, insisting that the Judiciary must explore better ways to ensure fair and accessible bail processes. “We need to think beyond the current system and create something better,” he said.
