High Court Judge Isaac Muwata has reaffirmed the constitutional right to mandatory bail in a decision that could reshape how Uganda’s justice system handles pre-trial detention.
In a ruling delivered on June 5, 2025, Justice Muwata granted bail to Henry Kato, a suspect charged with aggravated defilement, after he had spent over 240 days on remand without being committed to trial.
Kato, who was first arraigned on March 25, 2024, at the Kasangati Magistrate's Court, had been detained at Luzira Upper Prison since then without committal to the High Court.
His application, lodged on February 19, 2025, invoked Articles 23(6)(a) and 23(6)(c) of the 1995 Constitution, which provide that a person facing a capital offence is entitled to apply for bail and must be released if they have been on remand for more than 180 days without committal.
Judge Muwata found that Kato’s detention had exceeded the constitutional threshold by more than two months.
Although the prosecution eventually committed Kato to the High Court on March 20, 2025—over a year after his initial arraignment—the judge ruled that the delayed committal could not cure the earlier violation.
“The applicant was detained on remand for over six months without committal to the High Court for trial, exceeding the mandatory procedural timeline,” Muwata said.
“The subsequent committal, occurring only after this period lapsed, must be weighed in the Applicant’s favour.”
The judge dismissed arguments that the gravity of the charge justified prolonged detention, asserting that constitutional safeguards are not optional, even in capital cases.
He noted that delays attributed to systemic inefficiencies or backlog in the lower courts could not be used to curtail personal liberty.
In addition to the constitutional violation, the court considered several factors that favoured Kato’s release.
He has a fixed residence in Lusanja Village, Kitezi Parish, Wakiso District, and presented three sureties—Nalugoye Milly, Nakawuki Annet, and Kagavve Isa—all residents of Kasangati.
The court also noted that Kato had no prior criminal record and had pledged not to interfere with witnesses or obstruct justice.
Judge Muwata granted bail on the following terms:
- A cash deposit of Shs1,000,000 by the applicant;
- A non-cash bond of Shs5,000,000 for each surety;
- Mandatory monthly reporting to the Deputy Registrar of the Criminal Division on the last Monday of each month, beginning June 30, 2025.
The ruling comes amid renewed national debate on the right to bail, particularly for suspects facing serious charges.
It sharply contrasts with the recent denial of bail to political figures such as Dr Kizza Besigye and activist Obeid Lutale, whose cases also invoked constitutional protections but were rejected on grounds of public interest or alleged risk of reoffending.
Legal experts have welcomed the decision as a timely reminder of the presumption of innocence and the importance of adhering to constitutional timelines.
“This decision sends a strong message that justice delayed is justice denied, even in serious criminal cases,” said a constitutional lawyer who followed the proceedings.
Judge Muwata’s ruling is expected to influence future applications for mandatory bail, particularly for suspects languishing in remand due to prosecutorial delay or failure to commit cases to the High Court within the stipulated timeframe.
It also puts pressure on judicial officers and prosecutors to act within constitutional limits or risk court-ordered release of suspects.
With Uganda’s remand prisons overcrowded and case backlogs growing, the judgement underscores the urgency of reforming pre-trial procedures and restoring faith in the rule of law.
