The Chief Justice has blamed the ongoing wars on bail on the failure by the Police Investigations Department and the Office of the Director of Public Prosecutions to collect Investigations.
Justice Alphonse Owiny Dollo made the remark while launching a set of 4 gazetted new Court rules including guidelines to bail to help transform the Temple of Justice in the delivery of Justice at the High Court Headquarters.
In his remarks, the Chief Justice noted that if police carried out their investigations in a speedy manner, this will eliminate pre trial detentions that come up through numerous case adjournments by the state as they await police to conclude their investigations.
He was however, hopeful that with the introduced 30 day mandatory period within which a bail application is to be heard and determined, this will reduce on the number of suspects whose bail applications stall in courts without being heard.
Justice Dollo has appealed to the executive and Parliament to intervene and strengthen the Police Investigations Department and the Office of the Director of Public Prosecutions through funding so that evidence collection is gathered in time which will reduce on the Bail applications filed through expeditious case hearing and disposal.
Principal Judge Dr. Flavian Zeija, the Chairperson Judiciary Law Reform Committee, headed the team of judicial officers; Lawyers, Attorneys from Ministry of Justice, DPP, Civil Society, Law Scholars, Law Advocates and Court Bailiffs to come up with the said rules.
These new rules include; Constitution bail guidelines that are going to address the contescious issue of bail; and the refund of bail money which has also become a critical issue in the Country.
Judicial Officers must hear and determine bail within 30days which will address the problem of pre_trial detention, but a Judge retains his or descretion of granting bail due to the gravity of the case and a suspect especially those on Capital offences can be granted bail if there is a letter of no Objection form the DPP among others.
The Judicature Amicus curiae Rules( where one can apply to become a friend of Court to help litigants in the prosecution of their cases) was also streamlined with any member of the public given a write to apply instead of only the limited to Lawyers.
The Judicature Court Bailiff Rules will guide Court Bailiffs on how to excute Court orders; their license and disciplinary measures that include a 3months imprisonment once convicted of any mal practices.
The Judicature Legal Representation will guide Lawyers on how to provide free legal services to suspects at the expense of the State; including following the client from straight to prison instead of just meeting in a court room, and continuing with the said legal representation incase a suspect is convicted but appeals the said conviction or sentence. These new rules also propose child friendly procedures; sentencing guidelines and review of Court of Appeal Rules among others.
Meanwhile, the Executive Director of Foundation For Human Rights Initiative Livingston Ssewanya, has welcomed the bail guidelines; saying they will go a long way in balancing the right to bail between the suspect and the victim, however, he maintained that they will not solve the problem of political interference.
According to Ssewanyana, hearing the bail application within 30 days when the judge has the discretion to either grant or deny bail will still see many suspects left at the mercy of a judge even if they fulfil all the required bail conditions.
