Nambooze petitions court

Dec 19, 2003

BETTY Nambooze Bakireke has petitioned the Constitutional Court challenging the law under which she was denied bail, pending the final determination of her trial

BETTY Nambooze Bakireke has petitioned the Constitutional Court challenging the law under which she was denied bail, pending the final determination of her trial, reports Hillary Nsambu.

Nambooze, a former Mukono Town Council law enforcement officer, is serving a two-year jail term after she was convicted on two counts of corruption and abuse of office.
She contends that it was a violation of her constitutional right for the Buganda Road Chief Magistrate, Frank Nigel Othembi, to refuse to grant her bail when she had completed 120 statutory days on remand.

The court had ruled that Nambooze had not spent the days in custody before trial began as provided for by the Constitution.
However, through Lukwago, Alaka and Company Advocates, Nambooze insists that the right to bail is a constitutional right.
She wants the court to rule that section 74A of the Magistrates Courts Act 1970 (as amended by Act No 10 of 1998), is inconsistent with the provisions of Article 23 (6) of the Constitution that guarantees that right.

She also argues that the right to bail is one of the constitutional protections to the right to personal liberty and the presumption of innocence until proven or pleading guilty to the charges.

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