A group of Lawyers led by one Kuku Amos have petitioned the Constitutional Court seeking to quash the cash bail on the grounds that it infringes on the right to freedom and increases on the already congested prisons.
The lawyers want the court to declare that S78(B) of the magistrate Court Act which empowers Magistrates to grant cash bail to suspects is inconsistent with Articles; 21,28 and 126 of the constitution which relates to dispensing Justice to all manner of people regardless of their economic status.
They instead seek court to order that if a suspect fulfills all other bail conditions including among other things; providing a fixed place of abode, proving that they will not interfere with investigations or abscond from court and providing substantial sureties, he or she should be bonded to a non cash bail.
According to the lawyers, the non-cash bond imposed on sureties after satisfying court of all other conditions should be enough .
These want the court to now issue an order releasing all suspects who are still on remand in different prisons after failing to raise their cash bail money and compensate them for damages suffered.
According to the lawyers, the said cash bail is imposed without the court first investigating if the suspect is in position to pay the imposed cash bail.
They argue that the said condition of subjecting a suspect to a cash bail before being granted bail infringes on the freedom rights on top of increasing the already congested prisons.
The petition falls after two suspects; Kasule Ezekiel and Kajubi Frank failed to raise a cash bail that was imposed on them and are on remand.
These are said to have failed to raise the money despite selling their properties .
