In a landmark decision, the High Court has granted bail to Enock Tumwesigye, a civilian who spent more than 1,500 days in remand under the authority of a military court.
Justice Isaac Muwata of the Criminal Division released Tumwesigye on a cash bail of Shs 2 million, with each surety bonded at Shs 10 million non-cash. The judge highlighted repeated violations of constitutional rights, referencing the recent Supreme Court ruling that prohibits the military from trying civilians.
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“The applicant’s detention for over 1,500 days by a tribunal without jurisdiction amounts to a blatant abuse of legal procedure,” Justice Muwata stated.
Tumwesigye’s bail follows the Supreme Court’s ruling in Attorney General v. Michael Kabaziguruka, which clarified that military courts cannot try civilians, directing such matters to be handled by the Director of Public Prosecutions (DPP).
Justice Muwata emphasized that unconstitutional proceedings before the General Court Martial cannot override the right to bail. He ruled that Tumwesigye qualified for mandatory bail under Article 23(6)(c) of the Constitution and Section 15(2) of the Trial on Indictments Act, which require the release of individuals held for over 180 days without formal committal.
“The High Court maintains the inherent jurisdiction to grant bail, even for capital offenses,” the judge affirmed.
Despite the prosecution’s claims that Tumwesigye posed a flight risk and could interfere with witnesses, the court found the objections unconvincing and unsupported.
Tumwesigye was initially arrested in Rubanda District and charged with murder on September 4, 2019. The DPP later dropped the charges in December 2019, but he was re-arrested on January 1, 2021, and charged once again before the General Court Martial—even though he is a civilian and the case had previously been withdrawn.
After nearly four years in detention, Tumwesigye has finally been released. His case adds to the growing list of civilians freed in the wake of the Supreme Court’s stance against trying civilians in military courts.
The ruling also mirrors a similar recent development where lawyer Eron Kiiza was granted bail after facing contempt of court charges, highlighting the judiciary’s renewed focus on upholding constitutional rights and ensuring timely trials.
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