Human rights activist and lawyer, Kalali Steven, has run to the Constitutional Court in a bid to challenge the new bail guidelines issued by the Chief Justice, Owiny Dollo.
Kalali is opposed to guidelines 10, 11, and 14 and wants the Constitutional to render them null and void.
Kalali petitioned the Constitutional Court on Tuesday, challenging a number of guidelines, saying the CJ Dollo over stepped the legislative powers of Parliament by making mandatory bail on capital offences tailored only to the High Court.
The guideline states that; While granting bail of capital offenders such as on charges of terrorism, castle rustling, rape, aggravated defilement, embezzlement, corruption and bribery of a member of a public body and others where a Magistrate lacks jurisdiction to try them, that person who wants bail must plead exceptional circumstances.
The exceptional circumstances listed here include having grave illness certified by a medical officer of the Prison or other institution or place where the applicant is detained as being incapable of adequate medical treatment while the applicant is still in custody.
It also includes the applicant bringing a certificate of no objection to bail signed by the Director of Public Prosecutions and also to prove the infancy or advanced age.
The applicant is also required to present an introductory letter from their Local Council 1 Chairperson of the area where they reside. This was not previously the case, such documents would be required from the sureties.
In his petition, Kalali states that the CJ contradicted the constitution by only giving jurisdiction to the High Court to grant mandatory bail to suspects who have been on remand for 180 days without trial or committal.
“The Constitution under Article 29 Clause (c) clearly says if one has been remanded for 180 days without committal, the court may release that person on such terms of bail as it may deem fit. It doesn’t specify which court. In other words, it means that since one is appearing before a Magistrate, that court should release you,” Kalali says.
He says by the CJ restricting powers to only the high-court, he tried to amend the law which is clearly the mandate law which is the role of Parliament under Article 77 (1) (2) and 91of the Constitution of Uganda.
Kalali wants the Court to declare that the action of the Chief Justice as usurping powers of Parliament and therefore render it null and void.
Kalali also wants a permanent injunction to be issued restraining the government and its agents including the Courts of Law from further enforcing the Bail Guidelines.
On June 18th 2022, the Chief Justice Alfonse Owiny-Dollo issued the Constitution (Bail Guidelines for Courts of Judicature ) Practice Directions 2022 and the same commenced on June 28th 2022. It is on these ground, therefore, that Kalali has gone to the Constitutional Court seeking to trash the decision.
Compiled by Rashida Nakaayi
