The High Court in Kampala has denied bail to Senior Superintendent of Police (SSP) Nixon Agasiirwe, citing the risk of interference with witnesses and ongoing serious criminal investigations.
Justice Isaac Muwata delivered the ruling, emphasizing that although the applicant has spent a significant period on remand, the court must balance individual rights with the broader interests of justice and public safety.
Agasiirwe who is accused of killing former prosecutor Joan Kagezi, had applied for bail on grounds that he had been in custody for over 180 days without trial, arguing that he qualified for mandatory bail under the Constitution.
However, the court noted that the Director of Public Prosecutions (DPP) had already filed the necessary committal documents, effectively advancing the case to trial stage.
Justice Muwata ruled that this action by the state fulfilled its legal obligation and removed the basis for granting mandatory bail.
The prosecution opposed the application, arguing that Agasiirwe’s senior position in the police force gives him influence that could be used to interfere with witnesses, many of whom are believed to be his former subordinates.
The state further raised concerns about the applicant’s character, pointing to multiple ongoing investigations involving capital offences, including kidnapping, murder, and aggravated robbery. Among the cases referenced were murder files in Kampala, Masaka, and other jurisdictions, as well as allegations of illicit enrichment currently under investigation by the Criminal Investigations Directorate (CID).
Justice Muwata acknowledged that while Agasiirwe has no prior convictions and remains presumed innocent, the volume and gravity of the pending investigations suggest a pattern that cannot be ignored.
“The court cannot overlook the likelihood that releasing the applicant at this stage may jeopardize ongoing investigations or provide an opportunity to interfere with witnesses,” the judge ruled.
The court also found that the applicant failed to demonstrate exceptional circumstances required to justify release on bail.
Justice Muwata held that granting bail would pose “an unacceptably high risk” to the administration of justice.