Why court declined to release lawyer Mabirizi on interim bail

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The Buganda Road Chief Magistrates Court has declined to release city lawyer Hassan Male Mabirizi on interim bail.

Citing the 2005 case of Dr Kizza Besigye versus Uganda, Mabirizi wanted the court to release him on interim bail after the prosecution led by Chief State Attorney Richard Birivumbuka requested court for time to verify his documents and those of his sureties.

His lawyers, led by Uganda Law Society (ULS) Vice President Anthony Asiimwe, argued that he has upcoming matters before the East African Court of Justice (EACJ) which he personally handles and invited the court to release him on interim bail like in the Besigye case.

However, Chief Magistrate Ritah Neumbe Kidasa declined the request, ruling that it would be "illogical" to grant Mabirizi interim bail "before ascertaining the veracity of his sureties".

“I, therefore, decline the application for interim bail."

Mabirizi was remanded until February 27, when the prosecution is expected to make a reply to his bail application.

The case

Mabirizi, 39, faces two counts of malicious information contrary to Section 28(1) and (2) of the Computer Misuse Act and two counts of hate speech contrary to Section 26(1)(a) and (2) of the same law.

On conviction, the offences of malicious information and hate speech respectively attract a fine not exceeding seven hundred fifty currency points (about sh15m) or imprisonment for a term not exceeding seven years or both.

Prosecution alleges that in January this year, at various places, including Kampala and Wakiso district or thereabout, Mabirizi, using a computer via his TikTok account, sent, shared or transmitted information relating to Chief Justice Dr Flavian Zeija and Court of Appeal Judge Musa Ssekaana.

According to the charge sheet, Mabirizi is accused of referring to the Chief Justice as a conman, fraudster and corrupt person who allegedly sold off his property to pay a bribe for his appointment as a Principal Judge and a court file grabber, whereas not.

Mabirizi is also accused of referring to Justice Ssekaana as a conman and a fraudster, whose statements the prosecution alleges are not only false but were intended to degrade him. 

Zeija joined the Judiciary in 2016 following his appointment as a judge of the High Court by the President on the recommendation of the Judicial Service Commission (JSC).

Three years later, in December 2019, he was elevated to the position of Principal Judge.

In February last year, Zeija was appointed Deputy Chief Justice, a role he held until January 21, 2026, when he assumed office as Chief Justice to replace Alfonse Owiny-Dollo, who hang up his robes on January 18 this year upon attaining the mandatory retirement age of 70.