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Prosecution opposes Lukwago bail, cites flight risk, witness interference

“The applicant is a flight risk, will abscond bail and frustrate the trial of Criminal Case No. 0762 of 2026, if this application is granted,” Kyomuhendo stated.

Former Kampala Lord Mayor Erias Lukwago appearing before Court Criminal Division today (July 24). (Photo by Edward Luyimbaazi)
By: Barbra Kabahumuza and Michael Odeng, Journalists @New Vision

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The prosecution has opposed the bail application by jailed lawyer and former Kampala Lord Mayor Erias Lukwago, arguing that he is a flight risk and could interfere with witnesses if released.

In an affidavit filed in the High Court Criminal Division, Chief State Attorney Joseph Kyomuhendo also argued that Lukwago’s proposed sureties are not substantial enough to guarantee his compliance with bail conditions.

Kyomuhendo, who is attached to the Office of the Director of Public Prosecutions (ODPP), said Lukwago, if released, could abscond and frustrate the hearing of the case in which he is accused of misprision of treason.

“The applicant is a flight risk, will abscond bail and frustrate the trial of Criminal Case No. 0762 of 2026, if this application is granted,” Kyomuhendo stated.

The prosecution further argued that the charge against Lukwago is serious and attracts a maximum sentence of life imprisonment upon conviction, giving him an incentive to flee the jurisdiction of the court.

Kyomuhendo also opposed the bail application on grounds that Lukwago could interfere with prosecution witnesses.

He described Lukwago as a senior and influential lawyer and politician, an immediate former Lord Mayor of Kampala Capital City Authority and a top leader of the People’s Front for Freedom (PFF), arguing that he wields significant influence which he could use to interfere with witnesses.

“The applicant is a very senior and influential lawyer, politician and an immediate former Lord Mayor of Kampala Capital City Authority and a top leader of the People’s Front for Freedom Political Party. He wields a lot of influence and will use the same to interfere with the witnesses,” Kyomuhendo stated.

The State also contends that the four proposed sureties presented by Lukwago are not substantial.

The sureties include lawyer Chrysostom Katumba, Lukwago’s brother Abdul Sewankambo, Betty Nambooze Bakireke, whom Lukwago describes as a friend of 25 years, and Moses Kasibante.

The prosecution further argues that granting Lukwago bail could result in injustice if he absconds, interferes with witnesses or frustrates the hearing of the criminal case.

Kyomuhendo also disputes some of the health concerns raised by Lukwago, arguing that the accused has not demonstrated that his medical conditions cannot be managed by the Uganda Prisons medical team.

He denied Lukwago’s claim that he was beaten while in detention and rejected allegations that the custodial environment at Murchison Bay Prison cannot facilitate his recovery.

The State also denied that Lukwago was subjected to forced physical drills and push-ups while in detention.

The prosecution’s affidavit was filed in response to Lukwago’s bail application in which he also asked the court to allow him to return to Mulago National Referral Hospital, saying his health was deteriorating while receiving treatment at Murchison Bay Hospital.

Lukwago, 56, made the plea before Justice David Matovu when his bail application came up for hearing at the High Court Criminal Division.

His lawyers, led by Medard Ssegona, told court that his medical condition required specialised treatment, physiotherapy and close monitoring. The State was represented by Richard Birivumbuka.

Lukwago told court that the cardiac bed he was using at Murchison Bay Hospital’s High Dependency Unit (HDU) was unsuitable for his condition and was worsening his spinal problem.

He said attempts to adjust the bed had instead aggravated his condition.

Lukwago also complained about the lack of physiotherapy services, saying he had repeatedly requested for a physiotherapist to help stabilise his condition but had not received one.

He said his discharge documents from Mulago Hospital recommended physiotherapy and that he had raised the matter with the medical superintendent and other doctors at Murchison Bay Hospital.

According to Lukwago, he was informed that the prison service has only one physiotherapist serving all prisons.

He said the physiotherapist moves between several prisons and also lacks some of the equipment he requires, including infrared equipment and nerve stimulators.

Lukwago said he suffers from spinal problems, pain in his lower back and neck, as well as sciatica affecting his left leg.

He also complained about the cocktail of drugs he is taking, saying some medication causes dizziness and other complications, while some sedative drugs are no longer effective.

“My Lord, I am sitting on a time bomb. I am extremely worried,” Lukwago told court.

He also complained about his feeding arrangements, saying he receives his dinner at about 3:00pm and inmates are locked up at around 3:30pm, making it difficult for him to take his medication with adequate food.

“Imagine taking all these drugs on an empty stomach, my Lord,” he said.

Lukwago further expressed concern about his exposure to tuberculosis (TB) while receiving treatment at Murchison Bay Hospital, which he described as a referral facility receiving patients from prisons across the country.

He said a resident doctor had advised him to wear a face mask 24 hours a day because of his vulnerability to TB infection.

However, he said his respiratory challenges and breathlessness made it difficult to keep the mask on throughout the day and night.

Lukwago also said he could not be transferred to another prison because other facilities were congested and poorly ventilated.

He consequently asked Justice Matovu to allow him to return to Mulago Hospital temporarily for specialised medical care.

In his bail application filed through Lukwago & Co. Advocates, Lukwago argues that he is entitled to liberty and bail and that he satisfies the legal requirements for release.

He says he is presumed innocent until proven guilty, has a permanent residence in Bulwa Zone, Wakaliga, Rubaga Division, Kampala, and is therefore unlikely to abscond.

Lukwago also says his nearly three decades of legal practice have given him an understanding of the obligations attached to bail and that he is prepared to comply with any conditions imposed by court.

According to court documents, he suffers from hypertension, chronic gastritis, hiatus hernia, tinnitus, serious spinal complications, respiratory ailments and post-operative complications requiring specialised medical care, close supervision, strict medication and a prescribed diet.

He contends that prison conditions cannot adequately provide the treatment he requires.

Lukwago was committed to the High Court by the Makindye Chief Magistrates’ Court following completion of investigations into the charge of misprision of treason.

According to the prosecution, Lukwago is accused of failing to report information relating to an alleged plot to overthrow the Government between 2021 and November 2024.

The prosecution alleges that Lukwago, as president of the People’s Front for Freedom, knew that opposition figures, including Dr Kizza Besigye, Hajji Obeid Lutale, Joel Wakhaima and Frank Kiherere Atukunda, allegedly intended to commit treason but failed to inform the authorities or take reasonable steps to prevent the alleged offences.

The charge is brought under Section 25 of the Penal Code Act.

Prosecutors allege that investigations began after Andrew Wilson, described as the proprietor of a private security company involved in firearms, investigations and tactical training, allegedly alerted military intelligence that he had been approached by Switzerland-based Ugandan Joel Wakhaima to source weapons, military equipment and training for a group allegedly planning to overthrow the Government through armed rebellion.

The prosecution alleges that Wilson subsequently worked as an undercover operative and secretly recorded meetings and conversations involving individuals allegedly linked to the plot.

It is alleged that Lukwago attended a meeting in Brussels where discussions centred on recruiting Wilson as a military and security adviser for the alleged plot, but failed to report the information to the authorities.

Prosecutors further allege that Lukwago knew about plans to recruit and train supporters in intelligence gathering, surveillance, drone operations and paramilitary tactics, including an alleged training programme in Kisumu, Kenya, which was reportedly facilitated with $5,000 provided by Wilson.

The prosecution also alleges that Lukwago knew of a November 2024 meeting in Nairobi where discussions allegedly included acquiring surface-to-air missiles, drones and other weapons, as well as plans to assassinate President Yoweri Museveni and trigger civil disobedience, but deliberately failed to disclose the information.

After hearing the parties, Justice Matovu directed the applicants to file their submissions by close of business.

He directed counsel for the respondents to file submissions in reply by midday on July 28.

The judge further directed Lukwago’s lawyers to file their rejoinder, if any, by 11:00pm on the same day.

Justice Matovu set July 30, 2026, at 9:00am for delivery of his ruling.

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