KAMPALA — The Makindye Chief Magistrate's Court has declined to consider an application seeking the transfer of former Kampala Lord Mayor Erias Lukwago to India for specialised medical treatment on back of being denied bail, ruling that the matter now falls under the jurisdiction of the High Court.
Lukwago had earlier on Thursday been committed to High Court for trial where he will face charges of treason and misprison of treason.
Chief Magistrate Sarah Basemera made the ruling on Thursday after Lukwago's lawyers urged the court to allow him to travel to Fortis Memorial Research Institute in India for specialised treatment following complications arising from previous cervical spine surgery.
The magistrate said the court could not grant the request because Lukwago's case had already been committed to the High Court for trial on a charge of misprision of treason.
She advised the defence to raise the application before the High Court, which now has the legal mandate to determine any further applications relating to the case.
Lukwago, who appeared physically in court looking visibly frail, is accused of failing to report information relating to an alleged plot to overthrow the government by force of arms. He has denied the charge.
Earlier, defence lawyer Medard Lubega Sseggona relied on a medical report prepared by specialists at Mulago National Referral Hospital to argue that Lukwago requires urgent treatment by the spine surgeons in India who previously carried out his cervical disc replacement surgery.
According to the defence, Mulago specialists recommended that Lukwago undergo a review by his primary surgeons after they were unable to repeat certain MRI investigations because they could not establish whether his artificial cervical disc implants were compatible with the available MRI equipment.
Sseggona argued that while Lukwago has continued to receive medical care at Murchison Bay Prison, the treatment is only managing his symptoms rather than addressing the underlying condition.
The defence had asked court to permit Lukwago to travel under security escort to Fortis Memorial Research Institute in India, with his wife accompanying him as a caretaker at his own expense before returning to prison after treatment.
Addressing the court, Lukwago also maintained that the medical care he is receiving in custody is largely focused on pain management and does not adequately address the root causes of his health complications.
The magistrate, however, said any decision on specialised treatment outside the country must now be determined by the High Court, where Lukwago will stand trial after being committed on the charge of misprision of treason.
