KAMPALA — The Uganda Law Society (ULS) has criticised President Museveni’s remarks on bail and the ongoing criminal proceedings against opposition politician Dr Kizza Besigye, arguing that his comments risk undermining judicial independence and the right to a fair trial.
In a statement issued on Saturday following the President’s national address, ULS President Isaac Ssemakadde said the Head of State’s remarks on the pending case amounted to executive interference in an active judicial process.
The lawyers’ body called on the Chief Justice and the Judiciary to publicly defend the independence of the courts and denounce any attempts to influence ongoing proceedings.
“The President’s comments on a matter that is actively before court raise concerns about the constitutional principle of separation of powers and the right of every accused person to a fair hearing,” the statement said.
The response followed President Museveni’s address to the nation, in which he questioned delays in the prosecution of Dr Besigye and argued that courts should be cautious when granting bail to suspects who could interfere with witnesses. The President also reiterated his support for stricter bail laws as part of efforts to combat crime and impunity.
However, ULS maintained that decisions on bail fall exclusively within the mandate of the Judiciary and should not be influenced by the Executive.
The Society argued that the Constitution guarantees every accused person the right to apply for bail and the presumption of innocence until proven guilty, with courts retaining discretion to determine whether bail should be granted based on the facts of each case.
It further warned that proposals to restrict or abolish bail would undermine constitutional protections and could conflict with Uganda’s obligations under international human rights standards, which require pre-trial detention to remain an exceptional measure.
According to ULS, continued public commentary by political leaders on cases before court risks eroding public confidence in the Judiciary and compromising perceptions of judicial independence.
The Society also rejected suggestions that removing bail would strengthen witness protection, arguing that weaknesses in investigations and witness management should instead be addressed through institutional reforms.
Calls to Judiciary
The lawyers’ body outlined three key demands following the President’s address.
It called on President Museveni to refrain from commenting publicly on active court proceedings, urged the Judiciary to publicly defend its constitutional independence, and appealed to government to focus on addressing broader challenges affecting the justice system, including case backlog, corruption, political interference, inadequate witness protection and delays in the disposal of criminal cases.
The statement comes amid renewed debate over Uganda’s bail laws, which have in recent years attracted calls for reform from government officials, while legal practitioners and rights advocates have argued that any changes must remain consistent with constitutional guarantees of personal liberty and fair trial rights.