In an appeal against his sh30m cash bail, former presidential candidate Dr. Kizza Besigye says it was unfairly passed. Besigye is currently on remand in Luzira prison.
Former Presidential candidate, Dr Kizza Besigye who is now on remand in Luzira prison has appealed against the cash bail of sh30m saying that it was passed unfairly.
The political activist was on Wednesday remanded to Luzira after he refused to pay Sh30 million cash for bail following his continued protest against skyrocketing prices.
Besigye who was arraigned before the Buganda Road Chief Magistrate’s Court in Kampala was charged with incitement to violence over his protests including the most recent one at Arua Park within Kampala city centre after he had escaped from security at his Kasangati home.
At Arua park, Besigye was arrested and forced to spend a night at the Naggalama police station. On Wednesday, he was brought before the Grade One Magistrate Siena Owomugisha who released him on an shs30 million cash bond which he declined to pay.
The state told the court that Besigye while at Arua Park without any lawful excuse addressed members of the public implying that it would be desirable for them to demonstrate, yet this act can result in violence and destruction of property.
In response, Besigye however, pleaded not guilty to the charges before applying to be released on bail. He presented former Bukooli Central MP and ex-Leader of Opposition in Parliament Wafula Oguttu and FDC deputy secretary-general Harold Kaija, as his sureties.
Through his lawyer Erias Lukwago, Besigye asked the court to consider previous circumstances that led to his May 24 arrest before setting his bail conditions.
He told the magistrate that despite a Constitutional Court order that restrained police from imprisoning him at his home, his rights to the free movement had been curtailed since May 12, 2022, as police blocked him on three occasions from leaving his house in Kasangati, Wakiso District under the unlawful preventive arrest.
He challenged the court that since the police had consistently violated his Constitutional right to earn a living, it was unjust to stress him with paying the sh30m cash bail.
This was, however, declined by the magistrate who in her ruling said she was not convinced with Besigye’s plea before ordering him to pay Shs30 million cash and bonded each of his sureties at Shs70 million, not cash.
Besigye instead opted to go to prison but tasked his lawyers to appeal against the shs30 million cash bond in a higher court on account that the judgement was unfair.
On Thursday, his lawyer, Lukwago filed at the High Court an appeal challenging the ruling by the Buganda Road Court. In his appeal, Besigye said the sum was too excessive yet more damage was imposed on him.
“We have appealed against the injudicious decision of Buganda Court Magistrate, H W Siena Owomugisha wherein she ordered him to deposit a manifestly excessive bail cash of Ugx 30m. We were assured by the administration of Court that the original file will be called from Buganda Road Court and the Appeal allocated to a judge for hearing by close of business today,” Lukwago said confirming the appeal.
“Dr. Besigye expressed gratitude to all the sympathisers who had expressed willingness to contribute to the said bail money but he is strongly opposed to the idea of capitulating to such injustice. His resolve to fight all forms of injustice obviously remains unshaken the inconveniences he is enduring while on remand in Luzira prisons notwithstanding,” he added.