KAMPALA – The Uganda Law Society (ULS) has strongly condemned High Court Judge Rosette Comfort Kania for denying bail to opposition leader Dr. Kizza Besigye and Hajji Obeid Lutale despite their meeting all necessary requirements. According to the ULS, Judge Kania’s decision is fundamentally flawed and impeachable, as she failed to cite any law or precedent for her departure from established principles.
“Judges stepping outside the law fractures the foundation upon which society stands, compromising justice and public trust,” said Asiimwe Anthony, Vice President of the Uganda Law Society. The ULS referenced several cases, including Uganda (DPP) v Col (Rtd) Dr Kiiza Besigye, Constitutional Reference No. 20 of 2005, and Attorney General v Tumushabe [2008] E.A. 26, to support their argument that Judge Kania’s actions constitute judicial overreach.
Asiimwe emphasized that judicial discretion is not absolute and must be exercised in accordance with established legal principles. “Whereas the ULS assures all court users that it will, in accordance with Executive Order RNB No 2 of 2024, bring Judge Kania before the Judicial Service Commission to answer for her actions, the Besigye legal team is urged to file a fresh application and approach the head of the Criminal Division immediately to rectify this harm,” Asiimwe stated.
The ULS also calls upon the Civil Division of the High Court to expedite the stay of execution application filed by President Isaac Ssemakadde and other urgent cases, including the ULS habeas corpus application for Advocate Eron Kiiza. “Justice delayed is justice denied,” Asiimwe added, emphasizing the need for timely justice.
In the bail ruling delivered on April 11, 2025, Judge Kania cited speculation that the accused might interfere with investigations due to the serious nature of the charges. The ULS finds this rationale unacceptably paternalistic, particularly the notion that it was in the best interest of the accused to shield them from “falling prey to the temptation to interfere with the investigations.”
The ULS’s condemnation of Judge Kania’s decision highlights concerns about the independence and impartiality of the judiciary in Uganda. As the situation unfolds, the ULS’s actions are expected to have significant implications for the country’s legal landscape.
