Retired Supreme Court Justice George Kanyeihamba has lost a case in which he was challenging the order by President Museveni to deny bail to Capital Offence offenders.
Five Justices of the Constitutional Court led by justice Monica Mugenyi have ruled that the retired justice filed the case before a wrong Court and the said Constitutional petition raised no legal issues for interpretation.
"It thus becomes apparent that redress may only be sought under Article 137@) of the Constitution where it flows directly from a cause of action under Article 137(3)of the Constitution. In a case such as the one presently before us, where the petition raises no cause of action under Article 137(3) but rather the threatened violation of a constitutionally guaranteed right, redress ought to be sought before another competent court under Article 50(1) but not the Constitutional Court." Justice Mugenyi stated.
They further noted that as required by Article 50(4) of the Constitution, Parliament has'since enacted the Human Rights (Enforcement) Act, 2019 to guide the enforcement of such rights and freedoms.
Some of the Capital offences include; murder, aggravated defilement, rape, terrorism among others.
In his petition, Justice Kanyeihamba sued President Museveni, the Attorney General and the National Resistance Party.
He contended that for President Museveni to take away any right to bail, he needed to first remove Uganda from all international treaties that guarantee the right to bail globally.
Justice Kanyeihamba claimed that although the attorney General and the Government of Uganda have a right to limit Fundamental Rights and Freedoms, it can only be done in line with articles 43 of the 1995 Constitution and International laws.
He further said that article 23 of the Constitution of Uganda guarantees and prescribes the Right of any person charged with a criminal offence to apply for bail , which court can honor or deny.
He wanted the Constitutional Court to prohibit the respondents or another person from furtherance of any such actions that threatens the right to Bail Application and Release on Police bond.
On various occasions, President Museveni has faulted judges of giving bail to murder suspects which he claims only results in such people committing more capital crimes and mob justice.
In his opinion, President Museveni wants capital offender suspects to stay in prison until court determines whether they are guilty or not.
Speaking to the media after the ruling, Justice Kanyeihamba expressed his dissatisfaction and revealed that he will be appealing the said ruling.
