Jailed lawyer Eron Kiiza appeals, seeks bail

Kampala, Uganda | THE INDEPENDENT | Lawyer Eron Kiiza, who was sentenced to nine months in prison for contempt of court by the General Court Martial, has appealed his conviction and sentence in the High Court Criminal Division in Kampala. Kiiza, who represented opposition politician Dr. Kizza Besigye and his co-accused Obeid Kamulegeya, has also applied for bail pending the determination of his appeal.

He has been incarcerated alongside the individuals he went to represent. Kiiza’s bail application has been assigned to Criminal Division Judge Michael Elubu, who has scheduled the hearing for March 25, 2025. In his bail application, Kiiza asserts that he has a fixed place of abode at Central Kiwatule Zone, Kiwatule Ward, Nakawa Division, Kampala City, within the High Court’s jurisdiction.

He has also provided three substantial sureties, including his wife, Sylvia Tumwebaze (Archives and Data Manager at Hima Cement), and two lawyers, Dr. Busingye Kabumba, a lecturer at Makerere University, and Primah Kwagala, the Executive Director of Women’s Probono Initiative, both of whom are his friends.

Kiiza argues that he is a family man with three young children, aged between 4 and 10, who depend on him. He claims that his continued imprisonment harms both his parental and professional responsibilities as the sole partner at Kiiza and Mugisha Company Advocates.

“That I am a law-abiding citizen, a professional of high standing, and have no criminal history apart from the conviction and sentence I am currently challenging. That my offence did not involve personal violence, and there are no aggravating factors warranting continued incarceration,” Kiiza’s affidavit reads. Kiiza further states that his sureties fully understand their obligations and are ready to abide by the court’s terms and conditions.

Kiiza argues that he has been advised by his lawyers, whose advice he concurs with as an advocate, that he has a constitutional right to apply for bail pending appeal, as guaranteed under Article 23 of the Constitution of Uganda. Kiiza’s lawyers have also advised that his appeal has a high likelihood of success, as it raises substantial legal and constitutional issues, particularly concerning the jurisdiction of the General Court Martial over civilians, following the Supreme Court’s decision in Attorney General v. Michael Kabaziguruka (Constitutional Appeal No. 02 of 2021).

“I have further been advised by my Advocates, whose advice I concur with as an Advocate, that my appeal has a high likelihood of success, as it raises substantial legal and constitutional issues, particularly concerning the jurisdiction of the General Court Martial over civilians, following the Supreme Court’s decision in Attorney General v. Michael Kabaziguruka (Constitutional Appeal No. 02 of 2021) and as detailed in the Memorandum of Appeal,” says Kiiza.

In his appeal, Kiiza has raised four grounds, contending that the General Court Martial erred in law and fact by convicting and sentencing him without formally charging, trying, or affording him the right to be heard, violating his constitutional right to a fair hearing. He also argues that the court reached an erroneous conclusion that Kiiza had assaulted the court orderly without evaluating evidence of his alleged contemptuous conduct.

Kiiza further contends that the General Court Martial, chaired by Brigadier Robert Freeman Mugabe, erred in law by convicting him without jurisdiction and imposing an illegal, manifestly harsh, excessive, and disproportionate sentence. Kiiza seeks to have his appeal allowed on the grounds of justice, equity, and good conscience. He requests that his conviction be quashed, his sentence set aside, and that he be released from prison.

Kiiza was convicted on January 7, 2025, after an incident in which he was blocked from accessing the bar by armed military personnel in military police attire. According to his evidence, when he demanded an explanation for his denial of access, none was provided, prompting him to assert his right as an advocate to access the bar.

“When I demanded an explanation for my denial of access, none was given. This prompted me to insist on my right of access to the bar as an advocate,” said Kiiza.

Kiiza states that within minutes, the court clerk violently pushed him away, and military police orderlies assaulted him with blows, kicks, and batons. He was dragged from the courtroom to the dock, continuing to face physical abuse. After being detained in holding cells, the assault continued until fellow inmates intervened.

“They violently dragged me from the courtroom to the dock while continuing to brutally assault me,” reads Kiiza’s affidavit. Kiiza further states that after being forcibly removed from the dock and detained in the holding cells, the military police officers continued assaulting him until fellow inmates intervened.

Kiiza was convicted of contempt of court and sentenced to nine months in prison. He has served two months at Kitalya Min-Max Prison. A few weeks ago, the High Court Civil Division, under Judge Dr. Douglas Singiza, dismissed his request for release, ruling that the case had been filed incorrectly and in the wrong court. This has prompted Kiiza to seek his release from the Criminal Division of the High Court.

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