Mayiga: "Bail is a constitutional right"

The Katikkiro Charles Peter Mayiga has added his voice to the raging debate on whether bail on capital offences should be scrapped.

Mayiga, while meeting Buganda loyalists from Buddu county in greater Masaka said every accused person deserves bail until he/she is proven guilty by a competent court of law.

"Any person even if he or she is battling charges related to murder has a constitutional right to bail and they should be given bail as investigations go on. To confirm whether the accused has really committed the crime, he or she has to be brought before the competent courts of law," he said.

Speaking during the Fourth Annual Benedicto Kiwanuka memorial lecture at the High Court grounds in Kampala this week, President Museveni insisted that those accused of murder and other grave crimes should not be granted bail.

"In no time we are now being told that bail is a right. Really! Somebody has killed a person and you see him walking here! This is a provocation I can tell you. Judges must be very careful because they are playing in a very dangerous area which we can’t accept," Museveni said.

However, Mayiga disagreed with the president, noting that some people are framed for committing a certain crime which at times may not be true therefore the accused person deserves a right to bail until proven guilty.

"Saying that someone has committed a murder doesn’t mean that he or she has committed the crime. If someone is not yet proven guilty of committing a crime, they have a constitutional right to ask for bail. If the court finds him or her guilty, he or she can be taken to prison," he said.

Mayiga also condemned the manner in which the two MPs, Allan Ssewanyana and Muhammad Ssegirinya were rearrested after they were granted bail.