The Kawempe Chief Magistrates Court has dismissed an application for mandatory bail filed by ten supporters of the National Unity Platform (NUP), ruling that exceeding the constitutionally prescribed 60 days on remand without trial does not automatically entitle an accused person to release.

In a ruling delivered on Monday, Grade One Magistrate Damalie Agumaasiimwe held that although the applicants had crossed the threshold required to seek mandatory bail under Article 23(6)(b) of the Constitution, the court retains discretion to determine whether granting bail would be consistent with the interests of justice, public safety, and the integrity of the criminal process.

The applicants, through their lawyers, had argued that once 60 days elapsed without the commencement of trial, the law imposed a mandatory duty on court to release them. They relied on constitutional provisions, the Magistrates Courts Act, and the Bail Guidelines, contending that their continued detention violated their right to personal liberty.

The court rejected that interpretation, finding that mandatory bail is not the same as automatic release. The magistrate ruled that courts must balance the rights of accused persons against broader public interest considerations, including the protection of witnesses, security concerns, and the orderly administration of justice.

The prosecution opposed the application, arguing that the offences are serious and arise in a sensitive context, and that releasing the accused before trial could expose witnesses to interference. The court agreed that the pre-trial stage is one of the most vulnerable periods for witness intimidation, particularly where disclosure has not been fully concluded.

Although the court noted that several of the sureties presented by the accused were substantial and traceable, it held that the availability of suitable sureties could not, by itself, outweigh the risks identified by the prosecution. The magistrate further emphasized that once the 60-day period lapses, the burden shifts to the State to justify continued detention, but that burden does not remove the court’s responsibility to deny bail where credible and weighty reasons exist.

Those whose applications were dismissed include Edward Ssebuufu, commonly known as Eddie Mutwe; Achileo Kivumbi; Calvin Tasi, also known as Bobi Giant; Edwin Sserunkuma, also known as Eddy King Kabejja; Sharif Lukenge; Yasin Nyanzi; Tonny Kawesi; Alex Waiswa Mufumbiro, the NUP flag bearer for Nakawa East Constituency; Saudah Madaada; and Doreen Kaija. They are jointly charged with another suspect, Olivia Lutaaya, who did not apply for mandatory bail after failing to meet the required 60 days on remand at the time.

The accused face charges of alleged unlawful military-style drilling said to have taken place on February 12, 2025, at the NUP headquarters in Makerere-Kavule during activities held on the birthday of NUP leader and presidential candidate Robert Kyagulanyi Ssentamu. All the accused have denied the charges.

During the hearing, the defence raised health concerns, particularly regarding Saudah Madaada, and sought access to medical care outside detention. While dismissing the bail application, the court directed the Officer in Charge of the prison facility to ensure that all accused persons receive prompt and appropriate medical attention where necessary.

The court also directed the prosecution to expedite disclosure and take all necessary steps to ensure that the trial commences without further delay. The accused were further remanded, with the Kawempe case expected to return to court in early January 2026.

Some of the accused face additional charges in other courts, while others have previously been denied bail in related matters. All the accused remain in custody as legal proceedings continue.

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