Lawyers want court to scrap cash bail conditions

Lawyers have petitioned the Constitutional court seeking to scrap cash bail condition, which Courts impose on suspects without first investigating whether they have the capacity to pay.

The advocates argue that the practice of imposing cash bail, does not only infringe on the suspects’ right to freedom, but also contributes to congestion in prisons.

They want Court to declare that section 78(b) of the Magistrates Court Act, which empowers Magistrates to grant cash bail to suspects, is inconsistent with Articles 21, 28 and 126 of the Constitution, which relate to dispensing justice to all manner of people regardless of their economic situation.

Alternatively, instead of imposing a cash bail, Kuuku Amos a concerned advocate from Ssetimba and company advocates who led the lawyers proposed that after a suspect has fulfilled conditions like proving his / her fixed place of residence, undertaken not to abscond and to interfere with witnesses/ investigations and producing substantial sureties, the noncash bond that is imposed on their sureties, should be enough to satisfy court that the suspect will return to Court for trial.

Some of the affected persons; Kasule Ezekeil and Kajubi Frank Barnabas have filed the petition against the Attorney General, contending that on top of selling their properties to meet the bail conditions, the process of reclaiming the bail refund upon conclusion of the case is tedious.

It’s against this background that the petitioners want the Constitutional Court to order for the release of all prisoners, who are still on remand for having failed to raise cash bail money and also to compensate them for damage suffered.

Now, the petitioners seek the following declarations and orders;

1. Declaration that Section 78(b) of the Magistrates Courts Act, Cap. 16, the practice of imposing cash bail condition, and Guidelines 23, 24, 25, 26, 27 and 28 of The Constitution (Bail Guidelines For Courts Of Judicature) (Practice) Directions, 2022 is inconsistent and in contravention of Articles: 21, 23(6)(a)(b)&(c), 28(3)(a), 44(c) & 126(2)(a) of the Constitution of the Republic of Uganda, 1995;
2. An order directing courts to release on bail and on such Other conditions all prisoners still on remand for having failed to pay cash set as their condition for bail.
3. An order against the Respondent to compensate the 2 nd Petitioner for the damage and loss caused by the imposition of an arbitrary condition of cash bail under High Court Criminal Application No. 0176 of 2020.
4. Any further and better remedies this Honourable Court deems fit.
5. This being a Public Interest Litigation matter, each party should bare their own costs.