Judiciary ‘abusing’ mandatory bail window — lawyers

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Lawyers have accused the Judiciary of deliberately abusing the 180-day mandatory bail period, resulting in overcrowding in prisons.

They voiced their concerns during the launch of the Presumption of Innocence project at Arieh Towers, Nakasero in Kampala city on June 26, 2025. The event culminated in the signing of a memorandum of understanding between CEPIL and ALP Advocates.

Christine Awori, the chief executive officer and head of legal aid at the Uganda Law Society said during her 15 years of practicing criminal law, she has witnessed the suffering of many inmates who remain on remand for extended periods because the courts have failed to implement the 180-day mandatory rule, which she described as “really unnecessary.”

The 180-day mandatory bail rule is stipulated in Article 23(6)(c) of the Constitution, which provides that a person held in custody for over 180 days awaiting trial in a case triable only by the High Court is entitled to be released on bail. This rule aims to prevent prolonged detention without trial for serious offences.

Awori emphasised that the law is in place for everyone, including judges and court users, to implement.

Committal

She recommends that the Judiciary implement reforms in the proceedings, particularly for inmates accused of capital offences such as rape, aggravated defilement and murder, among others.

According to Awori, those suspected of having committed capital offences should immediately be taken to the High Court to ensure a speedy and fair trial for both the accused and the victim, rather than going through a prolonged committal process at the lower court.

“Normally, the state keeps such inmates for up to six months or more before committal. As a result, the presumption of innocence is lost, and they are treated as if they have already committed an offence, which is unfair,” she said.

Awori added, “Justice delayed is justice denied. Implementing reforms will ensure justice is served.”

Plea bargain

Awori pointed out that plea bargaining has both positive and negative aspects. She noted that individuals who are kept on remand for extended periods may become desperate and plead guilty to offences they did not commit.

“Plea bargaining is meant for those who have committed the offence, but due to prolonged detention without trial, some accused persons end up pleading guilty,” she said.

Bail guidelines

Rashid Bunya, the project co-ordinator for pre-trial detention at Avocats Sans Frontières, said the Judiciary is failing to uphold the presumption of innocence despite having the mandate to do so.

Bunya highlighted that judicial officers have delayed cases, referencing the example of the case filed by city lawyer Stephen Kalali, challenging bail guidelines, with a ruling pending for over a year.

Lilian Agwang Emilu, the acting CEPIL executive director, said the project will help uphold women's rights and strengthen Uganda's justice system.

She noted that communities have individuals who have spent over four years in prison, leaving families broken, only to be set free later when the state lacks evidence to prove their guilt.

Emilu emphasised that addressing these issues is crucial for the public to regain trust in the Judiciary and the rule of law.

CEPIL board of directors' chairperson Robina Namusisi said disadvantaged individuals are often denied protection and subjected to prolonged trials without legal representation.

She added that CEPIL advocates for reforms, including halting criminal trials when a related civil suit is ongoing.

Lastone Gulume, the head of ALP Advocates, expressed concerns over unlawful detentions, noting that people are often held in custody for extended periods (beyond 48 hours) without being produced in court.

He emphasised that seeking temporary freedom is unjust, as individuals are entitled to bail as stipulated by law.

Gulume added that prolonged detention is, in itself, a form of punishment, as it can damage one’s career, business and other aspects of life.

He also raised concerns about files being sanctioned by the Director of Public Prosecutions without sufficient evidence to support the charges.

“If the file is not ready, it should be sent back to the police for further investigation before charges are brought in court,” he advised.

About the project

The presumption of innocence project is a multi-faceted initiative by CEPIL aimed at enhancing the protection and practical application of the presumption of innocence within Uganda’s criminal justice system.

Its primary objective is to ensure that all detained accused persons receive fair, transparent, and timely trials, supported by humane and rights-respecting prison conditions, in accordance with constitutional and international human rights standards. It seeks to make the pre-trial presumption of innocence a reality.