Besigye's lawyers led by Erias Lukwago in their petition to the High Court on Thursday contend that the money demanded from him is excessive and that Owomugisha exercised her jurisdiction with material irregularity.
Kizza Besigye has petitioned the High Court Criminal Division in Kampala
seeking to set aside a decision to grant him a cash bail of 30 million Shillings.
Besigye was arraigned before Buganda Road Grade One Magistrate Siena Owomugisha
and charged with inciting violence after staging a protest in Arua
Park against increased prices of commodities in the country.
Court heard that on May 24th, 2022 at Arua Park Muno Village Shauriyako Parish
in Central Division in Kampala District, without lawful excuse at an assembly
made statements to the members of the public indicating or implying that it
would be desirable to demonstrate, an act which was reportedly calculated to
lead to destruction or damage to property.
the charges and was granted 30 million Shillings cash bail. Each of his
sureties who included Wafula Ogutu and Forum for Democratic Change Deputy Secretary-General Harold Kaija each bonded at 70 million shillings, not cash.
But Besigye said that the cash bail was excessive and opted to be remanded to
Luzira Prison and instructed his lawyers to challenge the decision in the
Besigye's lawyers led by Erias Lukwago in their petition to the High
Court on Thursday contend that the money demanded from him is excessive
and that Owomugisha exercised her jurisdiction with material irregularity .
Lukwago, this stringent term derogated Besigye's right to a fair hearing and civil
liberties and it ought to be quashed in the interest of justice.
//Cue in: "We are seeking...
Cue out: .. untenable at law".//
"Dokita Besigye nga ...
Cue out: Okukola bwelityo".//
Lukwago contends that the learned trial Magistrate by imposing an unacceptable
condition for bail which substantially differed from the terms set for other
accused persons arrested with Besigye exercised her jurisdiction with
Lubaga South Parliamentary Candidate Samuel Lubega Mukaku and Yoweri Kintu who was arrested with Besigye appeared before the Buganda Road Grade One
Magistrate Asuman Muhumuza and were charged with obstruction of a police officer in
the execution of duty.
They were granted a non-cash bail of 5 million shillings and each of their
sureties bonded at 7 Million shillings also not cash.
Besigye’s driver Fred Kato was also charged with an offense related to traffic
according to Lukwago and granted a cash bail of 1 million shillings before
Buganda Road Grade One Magistrate Fidelis Otwao.
the Court to revise Owomugisha's decision and set it aside to enable
Besigye to gain his temporary freedom.
The case is yet to be allocated to a Judge who
will be fixing it for hearing.