City lawyer Steven Kalali petitions court over bail guidelines

City lawyer Steven Kalali has petitioned the court to address the delayed hearing of his constitutional petition challenging the bail Guidelines for Courts of Judicature Practice Directions 2022.
Kalali argues that these guidelines infringe upon the right to liberty for pre-trial detainees.
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Kalali's petition specifically challenges paragraph 10(3) of the Bail Guidelines, claiming it is unconstitutional.
He argues that the Chief Justice overstepped by attempting to amend Article 23(6)(c) of the Ugandan Constitution, a role reserved for Parliament under Article 259.
"In passing the same, the Chief Justice usurped legislative powers of Parliament," Kalali stated in his complaint.
Kalali has supported his claim with over 200 affidavits from inmates who have been denied mandatory bail and remain in detention without being committed to the High Court.
"I brought in court over 300 affidavits from different prisons countrywide showing how accused persons are suffering without any relief being accorded to them," he noted, highlighting the severe impact of these guidelines on detainees.
Despite multiple follow-ups with the Deputy Chief Justice, Kalali's petition remains unheard, while newer petitions have been addressed. He expressed his frustration, stating, "I strongly believe there is an intentional syndicate/deliberate attempt by the Head of the Court to frustrate the hearing of the above Petition."
Kalali has called for immediate action from the judiciary to expedite the hearing of his petition, emphasizing the urgency due to the ongoing infringement on the right to liberty and fair hearing.
"It is my humble opinion that this petition be given priority heard expeditiously to address the injustice it's causing which is also bringing backlog in courts," he pleaded.
Prominent lawyer Peter Walubiri supported Kalali’s stance, attributing the breach of bail laws to interference by President Yoweri Kaguta Museveni.
"The problem is not the guidelines nor the law; the problem is Mr. Museveni who has been interfering with the exercise of granting bail by the courts," Walubiri asserted, pointing out the undue influence on judicial discretion.
Senior lawyer Walubiri, also added, " the guidelines are not the law,the law of bail is set out in the constitution, in the trial and inductment act, criminal procedure, thw Magistrates courts Act. The right to apply for bail and conditions for granting of bail give discretion to the Judicial officers," Walubiri advised. He added that the guidelines that were proposed are merely a guide."
Kalali's petition underscores the critical issue of pre-trial detention and the need for judicial independence in upholding constitutional rights.