Bail ruling for jailed lawyer Kiiza set for April 4

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High Court judge Michael Elubu has scheduled a ruling on the bail application of city lawyer Eron Kiiza for April 4, 2025.

Kiiza was sentenced to nine months in prison by the General Court Martial (GCM) in Makindye for contempt of court.

The lawyer was convicted when he banged the angle bars while representing four-time presidential candidate, Dr Kizza Besigye, and his aide Hajji Obeid Lutale, who are battling charges of treason and misprision of treason at Nakawa Chief Magistrates’ Court.

The ruling date was set on Tuesday (March 25) after Justice Elubu of the Criminal Division of the High Court received written submissions from the state and Kiiza’s defense team, led by Nicholas Opio.

Opio presented three people to stand surety for Kiiza:

▪️ His wife, Syliva Tumwebaze (Hima Cement archives and data manager)

▪️ His cousin Dr Busingye Kabumba (lecturer of Law at Makerere University)

▪️ His friend Primah Kwagla (executive director of Women’s Probono Initiative)

In his bail application, Kiiza argues that he is a law-abiding citizen and that he has no criminal history, except for the conviction and sentence he is currently challenging.

“The offence for which I was convicted did not involve personal violence and there are no aggravating factors necessitating continued incarceration,” he asserts.

In response, Chief State Attorney Joseph Kyomuhendo submitted that the High Court is not vested with jurisdiction to handle the bail application.

He explained that an appeal is a creature of statute, and that under Section 197 (1) of the Uganda Peoples’ Defence Forces (UPDF) Act, all appeals from the decisions of the General Court Martial lie before the Court Martial Appeal Court, and not the High Court.

“The decree of the Supreme Court in Attorney General versus Michael Kabaziguruka was only in respect of civilians tried under section 117 of the UPDF Act and not advocates found in contempt of court,” Kyomuhendo argued.

How Kiiza was jailed

As the General Court Martial convened to hear the case of Besigye and his aide Lutale on January 7, 2025, chaotic scenes played out in the court.

Besigye, the former Forum for Democratic Change (FDC) president and Lutale are facing charges of subversion and unlawful possession of firearms.

As Kiiza, who is one of the defence lawyers, proceeded to the bar (place designated for lawyers), he banged the angle bars, a conduct the judge advocate, Brig. Gen. Richard Tukacungurwa, said was contemptuous. 

Consequently, Kiiza was intercepted by military officers and a scuffle ensued.

Amid the chaotic scenes in the courtroom, General Court Martial chairman Brig. Gen. Robert Freeman Mugabe and the members of the court adjourned the case for 30 minutes and excused themselves from the courtroom. 

Kiiza was later brought and sentenced to nine months in jail.

In his ruling, Mugabe said on December 10 last year that Kiiza had expressed gross professional misconduct, and he was warned to desist from the same.

However, Kiiza exhibited the same when he confronted a court orderly, who was guiding him where to sit, according to Mugabe. Kiiza was not given an opportunity to speak after the contempt charge was read out.