Uganda Court to Rule on Mandatory Bail for Alex Waiswa After 92-Day Remand
Kawempe Chief Magistrates Court will decide on June 5 whether to grant bail to a man accused of incitement, as his lawyers argue his detention has exceeded constitutional limits.
The Kawempe Chief Magistrates Court in Kanyanya has scheduled June 5 to deliver its ruling on a bail application for Alex Waiswa Mufumbiro, who has spent 92 days in remand without trial. His legal team insists his prolonged detention violates Uganda’s constitutional protections.
Waiswa, facing charges of alleged incitement to violence, appeared in court on Friday alongside his lawyer, Alex Luganda, who argued that his client’s continued detention is unlawful. Under Ugandan law, an accused person held beyond 60 days without trial is entitled to mandatory bail.
“The Constitution is clear—once 60 days pass without trial, the court must release the accused,” Luganda told journalists after the hearing. “We shouldn’t even have to apply. The magistrate should enforce this automatically.”
State Opposition and Legal Battle
Despite the defense’s arguments, prosecutors opposed the bail application, a move Luganda condemned as defiance of constitutional rights. “The state believes the law shouldn’t apply to them,” he said. “But judicial officers must uphold the Constitution, regardless of outside pressures.”
The defense presented three sureties—Waiswa’s father, brother, and brother-in-law—to support his bail request, describing them as reliable. However, prosecutors insisted on keeping him detained.
Evidence Dispute Delays Trial
The case has also been stalled by disputes over evidence disclosure. Luganda accused prosecutors of handing over incomplete documents just before the hearing, including references to radio and TV recordings that were never provided.
“How can my client defend himself against media allegations without access to the actual recordings?” Luganda asked. He also raised concerns about digital manipulation, citing AI-generated deepfakes as a growing challenge in legal proceedings.
Magistrate Sarah Namusobya ordered the prosecution to fully disclose all evidence before the trial can proceed. The next hearing will address both the bail ruling and further trial preparations.
Broader Implications for Uganda’s Justice System
The case highlights ongoing tensions between Uganda’s judiciary and state prosecutors over constitutional rights. Luganda referenced retired Court of Appeal Justice Kenneth Kakuru Egonda-Ntende’s recent call for judicial officers to remain steadfast in upholding the law.
Legal experts say prolonged pretrial detentions remain a systemic issue in Uganda, with many suspects held beyond legal limits due to case backlogs and procedural delays.
Waiswa’s fate now rests on the June 5 ruling, which could set a precedent for similar cases. If granted bail, he will be released pending trial. If denied, his legal team may escalate the matter to higher courts.
— Reported by Nexio News
