Law Society seeks production warrant for remanded Bireete
If granted, the production warrant will see Bireete produced in court earlier than January 21, 2026, when she was supposed to reappear in court.
Centre for Constitutional Governance executive director, Sarah Bireete. (File)
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The Uganda Law Society (ULS), through its legal aid project, has filed an application before the Buganda Road Chief Magistrates' Court seeking a production warrant to be issued for the remanded Centre for Constitutional Governance executive director, Sarah Bireete.
If granted, the production warrant will see Bireete produced in court earlier than January 21, 2026, when she was supposed to reappear in court.
Bireete was last week arraigned before the court and charged with disclosing personal data contrary to section 35(1) and (2) of the Data Protection and Privacy Act Cap 97. The offence on conviction attracts a maximum jail term of 10 years.
Consequently, she was remanded by the presiding magistrate Winnie Nankya until January 21, when the prosecution will make a reply to her bail application.
However, pursuant to section 11(2) of the Magistrates Court Act, the ULS is seeking a production warrant for her to be produced in court earlier for the hearing of the application in which the lawyers' professional body is questioning the court’s jurisdiction and the lawfulness of her detention.
In its application, ULS contends that the instant charge against Bireete is fatally defective, unlawful, and thus null and void because the particulars of the offence do not disclose any essential ingredients of an offence known to law.
ULS argues that national voters’ information as reflected on the charge sheet is a vague description and its disclosure is authorised by the electoral laws and thus cannot amount to a criminal offence.
The lawyers' body argues that the remand order is fatally defective and wants the same vacated, and consequently, Bireete is set free.
“Our client was arbitrarily remanded for 19 days, exceeding the 15-day limit under section 122(2) of the Magistrates Court Act,” the ULS application reads in part.
Citing articles 23(3) and 34(3) of the Constitution and section 3 of the Children’s Act, ULS argues that the status of Bireete as a mother requires special protection for the benefit of her children.
“We therefore pray for a production warrant to facilitate the immediate presentation of our client before the court to apply for nullification of the instant charge and remand order,” ULS reads.
The court is yet to fix the application for hearing.