A group of lawyers based in Kampala has taken a bold step by petitioning the Constitutional Court, challenging the legality of cash bail conditions imposed on suspects on remand.
Led by Kampala lawyer Amos Kuuku, the legal team has filed a petition arguing that cash bail is unjust and contrary to Article 21 of the Ugandan constitution.
According to Amos Kuuku, an advocate attached to Ssematimba and Advocates, it is a grave injustice for suspects granted bail to be returned to jail simply because they cannot afford the bail fees. He asserts that the practice of imposing monetary bail conditions disproportionately affects indigent individuals who are unable to meet such financial requirements.
The petition further contends that cash bail leads to congestion in prison facilities, exacerbating the already dire situation where the number of inmates far exceeds the approved capacity. Currently, Uganda’s prisons hold 75,000 inmates, while the approved capacity stands at only 20,000.
Moreover, the lawyers argue that cash bail contradicts fundamental principles enshrined in the Ugandan constitution, including the presumption of innocence and the right to a fair trial. They highlight the irony of requiring individuals presumed innocent to pay money as a condition of their release, thereby undermining their innocence.
Amos Kuuku also points out disparities in the justice system, where high-profile individuals can afford exorbitant bail amounts while impoverished suspects languish in remand due to their inability to pay even nominal fees. He suggests that the current system favors the wealthy and perpetuates inequality before the law.
In contrast to cash bail, the lawyers propose alternative measures such as sureties signing bonds, which can be forfeited if the accused violates bail conditions. This, they argue, would ensure accountability without imposing undue financial burdens on suspects.
The petitioners want court to declare that section 78(b) of the Magistrates Court Act which empowers Magistrates to grant cash bails to suspects is inconsistent with Articles 21 , 28 and 126 of the Constitution which relate to dispensing justice to all manner of people regardless of their economic situation.
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