KAMPALA - Proceedings at the Kawempe Chief Magistrates’ Court were on Tuesday (earlier today) briefly halted as the magistrate ordered for emergency evacuation of jailed Saudah Madada from the court cells to a hospital due to her deteriorating medical condition.
This was after the magistrate got reports that Madada, the supporter of the National Unity Platform (NUP), who was held in the waiting cells, had been seen vomiting blood.
She also had a urinary catheter.
The alert was after Madada, who is jointly charged with ten other NUP members, including the party’s Deputy spokesperson Alex Waiswa Mufumbiro, Edward Ssebufu, Achileo Kivumbi, among others, was unable to come to the courtroom after the case file was called.
As she walked into the court premises, while being supported by prison warders, Madada halted her steps, bent over, and vomited blood on the walkway.
Grade One Magistrate, Damalie Agumaasiimwe, was later informed that Madada is in the court holding cells and not feeling well, prompting her to visit the cells in the presence of the Resident State Attorney Sharon Nambuya and defence lawyers.
She decided that Madada cannot stand trial and that an ambulance should be called to quickly take her to hospital in order to receive specialised treatment.
After 15 minutes, an ambulance from the Ministry of Health came to court to evacuate Madada from the cells to a hospital.
Madada's mother was granted permission to travel with her in the ambulance.
When court resumed, the other 10 NUP supporters facing the same charges applied to be released on mandatory bail, having clocked more than 60 days on remand without trial.
Resident Chief Attorney Nabunya and Bruce Twongirwe opposed the mandatory bail application for NUP supporters on grounds that the right to apply is not a guarantee to grant.
“The court must balance public interest, safety of the community, and victims at large. Unlawful drilling is a security-related offence, and their activities cause threats to the public,” Nabunya submitted.
The state further informed the court that the accused persons hold high positions in NUP and can interfere with prosecution witnesses since they have already been disclosed to the defence.
“This is a political season, and there is a need to take communities into serious consideration and protect them from unlawful activities. For the applicants to qualify for mandatory bail, they must state certain conditions such as substantial sureties and proof of fixed places of abode,” Nabunya further told court.
She further told the court that mandatory bail is not mandatory as the court must exercise its discretion, and there is no likelihood of the delay of the trial, as they even had witnesses in court.
“The suspects' medical condition can be handled well in prison. The prison facilities have full medical services. For the Madada case, any human being may fall sick at any time,” she asserted.
Lawyers led by Samuel Muyizzi informed court that the Constitution commands that where one is on remand for a triable offence by a magistrate for a period exceeding 60 days, any magistrate before whom such a person appears is commanded by the Constitution to release such an accused on such conditions as the court may deem fit in the circumstances.
The magistrate will deliver the ruling for mandatory bail on December 5, 2025.
She also ordered that Lutaaya be accorded a thorough medical checkup in prison and a report to be availed to court.
Background
The accused currently on remand are charged with being part of an 'unlawful' military parade they were part of, held at the NUP headquarters in Makerere-Kavule in February this year.
Offences relating to military drilling attract a maximum penalty of seven years' imprisonment upon conviction.
Viral footage in February this year appeared to show several NUP supporters clad in red-like military decorated attire on a parade at the opposition party's headquarters in Uganda's capital.
At the time, Kyagulanyi was celebrating his 42nd birthday and was accompanied by his wife, Barbie Itungo, for the inspection of the parade.
After the video went viral, the Uganda People's Defence Force (UPDF) warned NUP supporters against engaging in military-like activities, saying whoever participated in the same would be prosecuted.
In court, the prosecutors have argued that the parade, appearing to have been commanded by Kyagulanyi's brother Fred Nyanzi Ssentamu, was unlawful because the party did not get permission from the line minister.
Nyanzi was arrested and interrogated over the matter. Following his release, he disclosed that he had mentioned the names of some of the people who had participated in the parade.