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Kampala, Uganda | THE INDEPENDENT | The International Crimes Division of the High Court has granted a sh2million cash bail to each of the 36 former Forum for Democratic Change (FDC) members charged with terrorism.
The group, comprising 33 men and three women, were arrested in Kisumu, Kenya, and extradited to Uganda in August. However, on Thursday, the Deputy Head of the International Crimes Division Court Lady Justice Susan Okalany granted them bail saying that the charges against them were available.
According to the prosecution, the 36 were arrested between July 22nd and 23rd, 2024, in Kisumu, Kenya, for allegedly receiving or providing terrorism training.
Their lawyers, led by Erias Lukwago presented 72 sureties, including prominent figures like Dr Kiiza Besigye, MP Denis Onekaliti and former Members of Parliament among others.
The bail application was premised on the applicants’ constitutional right to bail, deteriorating medical conditions in jail, and the fact that they were charged with a bailable offence.
However, Chief State Attorney Richard Birivumbuka objected to the application, citing concerns about the substantiality of the sureties and the seriousness of the offence. Birivumbuka argued that the sureties’ letters did not disclose permanent residences and their financial ability was uncertain.
He also emphasized that the nature of the offence and the ongoing investigations should be considered.
Birivumbuka noted that while the applicants had a right to apply for bail, it was at the court’s discretion to grant or refuse. He requested stringent terms, including cash bail, movement restrictions, and regular reporting to the court’s registry, should the court decide to grant bail.
After hearing the arguments, the court ruled in favour of the applicants, granting each a cash bail of 2 million shillings and requiring their sureties to execute a bond of 50 million shillings non-cash. The court also ordered the applicants to deposit their passports and travel documents with the Deputy Registrar and restricted their travel outside the country without permission.
Additionally, according to Justice Okalany, each applicant must report to the Deputy Registrar once a month for a maximum period of six months as the state prepares to commit the accused persons for trial in the High Court.
Okalany said failure by the prosecutors to commit the accused in six months will result in their automatic release and discharge of their sureties. The accused applied for bail in the High Court after being advised to do so by the Nakawa Chief Magistrates Court where they have been reporting as investigations in the matter continue.
Lukwago, speaking outside court, pointed out the need for judicial intervention regarding the capacity of Local Council officials. He criticized the quality of letters written by LC officials, highlighting the challenges faced in the justice system.
Trouble for the group on July 22nd, 2024 when they reportedly departed for a week-long training aimed at improving young leaders’ leadership and communication skills.
The training was scheduled to run from July 23rd to July 30th at the Ukweli Pastoral and Leadership Centre in Kisumu, Kenya, according to reports from the FDC Katonga section.
The group was allegedly arrested at gunpoint on July 23rd by masked men, loaded onto trucks, and driven overnight to arrive in Busia at 6 a.m. on July 24th, where they were transferred to Ugandan minibuses.
The leadership training was intended to precede the Delegates Conference set for August 8th, 2024, where party leaders would be elected. On July 24th, 2024, at Kololo Independence Grounds, the External Security Organization (ESO) Liaison and Protocol Officer informed journalists that the group was arrested in Kisumu for engaging in suspicious activities unknown to Kenyan authorities.
He mentioned that Kenyan security notified them of the arrests and, following negotiations, it was decided that the group would be brought back to Uganda rather than being held in Kenyan prisons.
