Court allows former court martial suspect to get bail after four-year remand
Justice Paul Gadenya ordered Masembe’s release after finding that his continuous remand since January 10, 2022, exceeded the 180-day constitutional period for mandatory bail.
Court allows former court martial suspect to get bail after four-year remand
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The High Court has granted mandatory bail to John Masembe alias Nassif, a civilian who has spent more than four years on remand over charges of murder, treason, aggravated robbery and unlawful possession of firearms.
Justice Paul Gadenya ordered Masembe’s release after finding that his continuous remand since January 10, 2022, exceeded the 180-day constitutional period for mandatory bail.
The judge made the ruling on October 5, 2026, in Criminal Miscellaneous Application Number HCT-00-CR-CM-0045-2026, arising from General Court Martial Criminal Case Number UPDF-GCM-006/2022.
Masembe had been arrested on December 21, 2021, and remanded to Luzira Upper Prison on January 10, 2022, following proceedings before the General Court Martial.
He applied for bail under Article 23(6) and 28(3)(a) of the Constitution, sections 15 and 16 of the Trial on Indictments Act and the Constitution (Bail Guidelines for Courts of Judicature) (Practice) Directions, 2022.
Prosecution opposed the application through an affidavit sworn by Happiness Ainebyona, a Chief State Attorney in the Office of the Director of Public Prosecutions.
Prosecution argued, among other things, that there was no transferred civilian case before the High Court to which bail could attach. It also raised concerns over the gravity of the offences, Masembe’s lack of a national identity card, his alleged failure to prove a fixed place of abode, the suitability of his proposed sureties, public safety and possible interference with investigations and witnesses.
However, Justice Gadenya held that the absence of a transferred file from the General Court Martial did not prevent the High Court from considering the bail application.
The Supreme Court directed the immediate cessation of pending military trials of civilians and their transfer to ordinary courts of competent jurisdiction.
Justice Gadenya noted that Masembe remained in custody on the same accusations without an intervening release, a fresh civilian charge or committal for trial.
The judge ruled that the period Masembe had spent on remand before the General Court Martial counted towards the constitutional 180-day period because he had remained continuously in custody on the same accusations awaiting transfer.
“The remand period is, therefore, reckoned from January 10, 2022, not from the arrest on December 21, 2021,” the judge ruled.
Justice Gadenya said the period had, by the time of the ruling, exceeded 180 days by several years.
The judge further held that the murder, treason and aggravated robbery accusations were offences triable only by the High Court and, therefore, fell under Article 23(6)(c) of the Constitution, which requires release on bail after 180 days on remand before committal.
“Once paragraph (c) is satisfied, its mandatory language governs release, and the Court determines reasonable conditions,” Gadenya ruled.
The judge said the proposed sureties had not demonstrated fixed places of abode, their means of income were uncertain, and there was insufficient evidence that they could exercise adequate control over Masembe.
The court also found that the evidence before it did not identify any specific act of interference with witnesses or any threatened witness.
The judge consequently ordered Masembe’s release on mandatory bail subject to conditions.
He is required to deposit cash bail of sh3m in court and present three substantial sureties, each to execute a non-cash bond of sh10m.
He must also produce a national identity card or another satisfactory identification document.
The court further ordered him to produce a letter from the local council 1 chairperson confirming that he has a fixed place of abode and property in Mijjubwe Village, Kitongo Ward, Kassanda Town Council, Kassanda District.
Masembe was also ordered not to interfere with or contact any prosecution witness.
The Deputy Registrar was directed to verify his identity and place of abode and approve the sureties.
“The application is allowed. The Applicant shall be released on mandatory bail upon fulfilling the conditions set out in this ruling,” Justice Gadenya ordered.