The Office of the Director of Public Prosecutions (DPP) has asked the High Court to dismiss an application by human rights lawyer Eron Kiiza seeking the return of his passport, arguing that doing so would jeopardise ongoing criminal proceedings.
In a sworn affidavit filed in the High Court, Chief State Attorney Joseph Kyomuhendo contends that Kiiza’s travel document is lawfully retained by court under a valid judicial order issued as part of pending criminal proceedings.
Kiiza was convicted and sentenced to nine months and is currently appealing the decision.
“The restriction is not arbitrary but arises from a lawful court directive. It is constitutionally permissible under Article 43(1), which allows limitation of rights in the interest of public order and justice,” Kyomuhendo stated.
Kiiza had cited infringement of his constitutional rights to liberty, movement, and access to medical care, arguing that the passport impoundment is unlawful and has hindered urgent medical travel.
But the state attorney dismissed the claims as speculative and unsupported by verifiable evidence.
“There is no independent or credible medical documentation presented to justify foreign treatment or show the treatment is unavailable in Uganda,” Kyomuhendo noted.
“Access to healthcare does not equate to an unfettered right to exit the jurisdiction.”
The affidavit warns that releasing the passport could set a dangerous precedent allowing accused persons to use vague claims of personal hardship to override lawful judicial controls.
“The risk of flight is real, especially given the nature of the charges and absence of formal guarantees for the applicant’s return,” the affidavit reads, adding that Kiiza has not applied to vary his bail terms or offered any security to mitigate potential absconding.
The DPP’s office also emphasised that while human rights are fundamental, they are not absolute and can be lawfully limited in pursuit of justice.
It urged the court to maintain the travel restriction until the appeal is resolved or Kiiza applies for a variation of bail terms.