Court of Appeal dismisses bail application for jailed MPs Ssegirinya , Ssewanyana

The Court of Appeal in Kampala has dismissed a bail application by detained Members of Parliament Muhammad Ssegirinya and Allan Ssewanyana.

A panel of three Justices of the Court of Appeal including  Cheborion Barishaki, Christopher Izama Madrama, and Eva Luswata, dismissed it on grounds that the court has no  jurisdiction to hear their appeal.

The justices contend that Ssegirinya and Ssewanyana are still under trial and have neither been acquitted or convicted, making the application incompetent.

The justices contend that they can only pronounce themselves on the matter if there is a decree by the High Court in form of either acquittal, dismissal of charges, or conviction and sentencing on charges against the accused persons.

The justices have also ordered for an expeditious trial, considering the accused have stayed on prolonged remand of nine months without trial.

They directed the Registrar of the Court of Appeal to prepare all the files and take them to the Principal Judge who should make sure that the case against the MPs is heard expeditiously and their human rights enforced.

Their lawyers Shamim Malende and Samuel Muyizzi told journalists outside the court they will petition the Constitutional Court on the matter because bail is a right under article 23 and 28 in the supreme law of Uganda. Muyizzi says his clients have the right to liberty and a fair and speedy trial.

“The implication of the decision today is that courts are actually permitted to indefinitely hold accused persons at the whims of the State.We agreed that if we lose this appeal, we will file a Constitutional Petition” Muyizzi says

However, last week, State Attorneys led by Richard Birivumbuka and Joseph Kyomuhendo stated that one can only get bail on grounds of acquittal or sentence following a lower Court decision.

The MPs were arrested in September 2021 alongside seven others in connection to the machete killings in Lwengo and Masaka districts. They were later granted bail on 21 September, but the two MPs were re-arrested from the outskirts of Kigo Prisons, and fresh murder charges were preferred against them.

They had earlier applied for bail at the  Masaka High Court but Judge Lawrence Tweyanze denied it on grounds that they are accused of a string of Capital offenses that all attract a maximum of the death penalty and that the MPs could flee .