KAMPALA: The High Court has revised Dr Kizza Besigye’s bail from Shs30 million to Shs3 million in a case in which he is accused of incitement to violence.
Dr Besigye had appealed against a Shs30m cash bail handed to him by Grade One Magistrate Siena Owomugisha last week. He rejected it and opted to go to prison.
On Monday, June 6, 2022, when the matter came for hearing before High Court judge Micheal Elubu, he observed that the Shs30m cash bail was excessive.
“The trial magistrate correctly stated that bail terms imposed should be a safeguard that once released on bail, the accused will return for his trial. That is as it should be,” he said.
“However, taking all circumstances of the case into consideration, it is my considered opinion that the learned trial magistrate exercised her discretion with a material irregularity when she set the bail condition at Shs30 million. This condition was manifestly harsh and excessive. It therefore, occasioned a miscarriage of justice,” the judge added.
But Dr Besigye’s lawyer Erias Lukwago told journalists outside court that they were not satisfied by the High Court ruling.
“We have our reservations in regards to Shs3m cash bail condition reviewed by the judge. If Dr Kizza Besigye was to be convicted of incitement to violence, he would be sentenced to three years in prison or a fine of Shs1.4m. Why should the bail be higher than the fine upon conviction?” Mr Lukwago said.
Dr Besigye was arrested on May 25 at a rally calling for mass action against escalating prices of essentials.