Buganda Road Chief Magistrates Court in Kampala has granted bail to novelist, Kakwenza Rukirabashaija.
Kakwenza was arrested on December 28 from his home for allegedly abusing President Museveni and the Commander of Land Forces, Lt Gen Muhoozi Kainerugaba using his twitter.
Last week, Kakwenza’s lawyers led by Eron Kiiza asked court to release him on bail citing his medical condition after being tortured by security during and after his arrest.
The state however asked court not to release him citing jeopardizing of ongoing investigations into the matter.
On Tuesday, Buganda Road Chief Magistrate, Dr.Douglas Singiza reasoned with the defence lawyers arguing that owing to the circumstances of the case, he is inclined to release the writer on bail.
“The accused person has presented credible sureties some of whom are lawyers while others are political leaders of one of the political parties. Given the circumstances of this case, it is my considered view that it is not even necessary to consider expensive bail conditions in monetary terms. I therefore release the accused person on bail,” Dr.Singiza said in a short ruling.
He directed that Kakwenza pays shs500,000 in cash as bond whereas each of the sureties for the author pays shs10million non-cash as bond.
Tough conditions
The presiding Chief Magistrate also directed that Kakwenza deposits his passport with the court for a period of six months as the hearing continues but noted this will be reviewed with time.
Dr.Singiza said whereas the Principal Judge directed that national IDs for sureties should not be retained by courts while granting bail, the same directive didn’t say anything about national IDs and travel documents for accused persons.
On the issue of lawyers, the magistrate directed that no lawyer from any of the two parties is allowed to comment about the case in the media or else the bail will automatically be cancelled.
“All parties in this case are specifically barred from discussing this matter in the media. Particularly the accused person and the defence are advised not to discuss this matter in the media as a breach of this condition will lead to automatic collapse of the bail,”Dr.Singiza said.
The case has been adjourned to February,1 for mention.
Charges
The critical writer who is also the PEN Prize international writer of courage faces charges related to offensive communication contrary to section 25 of the Computer Misuse Act 2011 for allegedly abusing President Museveni and the Commander of Land Forces, Lt Gen Muhoozi Kainerugaba through social media.
“On December, 24, 2021, Kakwenza Rukirabashaija in the Kampala district willfully and repeatedly used his twitter handled to disturb the peace of his excellency the president of Uganda General Yoweri Museveni with no purpose of legitimate communicate,” the charge sheet read in part.
