Dear friend,
It has been a while since I last wrote to you. I trust you are well and am sure you must be missing my humble note, which I usually write to you with utmost respect and friendship but above all, patriotism because that is what makes me and you friends.
So while I was not writing to you, I was busy in Kigarama and surrounding areas trying to preach development to my fellow citizens and yes, they are responding well and in the foreseeable future, we shall have these humble citizens to brand these efforts with a legislative perspective and as a humble citizen, I think this is one of the ways in which I can contribute to my country’s nation building efforts.
While I was still enjoying the goings on, I passed by Bateekye’s home, and his wife treated me to a very nice well porridge-filled “rushare” (we use these locally made calabashes here in Kigarama, Ndorwa East to drink our local drink “obushera”), and asked me to sit down, for she wanted to confirm something from me.
I obliged since I usually love listening to old people and she started. She started asking me whether it is true that the president wants to remove bail provision for “capital offenders” and what would happened thereafter.
I wasn’t sure of whether what she was talking about was true, so I said I will write a simple note to my Rwakitura friend and raise a few concerns. I therefore wish to address you as follows:
As a humble but active Ugandan Citizen from Kigarama, i know that for any suspect accused of any crime, the right to bail is a fundamental right guaranteed by Article 23 (6) of the 1995 Constitution of the Republic of Uganda.
Its basis is found in Article 28 of the same Constitution which states that an accused person is to be presumed innocent until he/she is proved or he/she pleads guilty.
Also know thatbail is a court order allowing you to remain in the community while your case is in the court system.
I wish to remind you that bail conditions are rules that you must follow while you’re out on bail and your case is being decided by the courts.
For example, you may: not be allowed to communicate with the complainant or alleged victim, or even coming near to them directly or indirectly.
And it is on this background that I wish to ask a question. What would happen if we denied a suspect bail and later the court system proves him or her innocent?
Also, if a suspect is arrested and is already charged guilty, why would one waste the time of court “investigating an already concluded case?
Anyway, I am not a legal expert, but I have also heard about things like illegal detention without trial and I have heard from my friends who are old enough to remember what used to happen during the past “bad” regimes that these things used to happen.
In my opinion, we need to respect the constitutional provisions especially in as far as efforts meant to facilitate harmonious leaving in society.
Let us not be like some people who dismantle saucepans and plates after eating. Ugandans came up with this constitution to help guide on how we run the business called Uganda.
I am sure that such provisions were put in place with the foresight that some Ugandans who are more Ugandan than others would one time use the courts of law and other government apparatus on those who are less Ugandan.
I am also sure that we may be drumming that suspects in offences of capital nature should not get bail, forgetting that we may be where they are today and we shall also be at the mercies of that judicial officer to use their discretion to grant temporary freedom to us, pending investigation and am sure we shall be happy that we shall be happy.
The notion that whoever is accused by whatever means is guilty is against the laws of natural justice and later on the laws of the land here in Uganda.
It is also public knowledge that our judicial system, Public Prosecution system and the like are very corrupt and these days justice is negotiated for and is for sale.
I know a gentleman who recently forged things and went up to court, faulted so many legal procedures and secured court hearings.
So when we have such organs that are this corrupt, it becomes dangerous to ruin the nation of some of the safeguards that are still existing in our founding documents and instruments as a country.
I wish to advise you therefore my friend, to rethink your current idea of striking bail provision for what you term as “capital offences” because these so called “capital offences” recently turned political and for instance if I disagree with my neighbor today, he may bring me to court tomorrow and allege that I defiled his daughter, and just like that, I will earn myself a detention without trial sentence even with all the innocence that I wear as a humble citizen.
Greetings from Kigarama!
Alexander Kyokwijuka, Humble Citizen, Kigarama, Ndorwa East.