OPINION: In his end of year Speech, the President of Uganda General Yoweri Kaguta Museveni rightly so expressed his displeasure with the rampant thefts of cattle, goats among others happening in villages.
President Museveni attributed the rampant thefts to the Police and Courts soft handling of suspects through granting them police Bonds and Court Bail.
Addressing the nation, President Museveni stated that he had raised the issue of Court Bail with His Lordship the Chief Justice Hon. Alfonse Owiny Dollo and that that he had also banned the issuance of Police Bonds.
Although the President’s message and efforts to curb crime could be well intentioned, his directive to ban Police Bond and Court bails raises serious Human Rights questions which the President should take into consideration.
The President’s directives, even when well intentioned are a direct contravention of Articles 23, 28(3) (a) and 99 of the Constitution of Uganda.
One of the cardinal principles of Uganda’s criminal trial process as provided for under Article 23 of the Constitution of Uganda is protection of Personal liberty which only can be under circumstances provided for in the Constitution.
The Constitution under Article 28 (3) (a) further provides that every person charged with a criminal offence is presumed innocent until proven guilty or until they plead guilty.
However, Counsel Isaac Atukunda a senior legal advisor and an NRM supporter who also eyes for Rukungiri municipality Parliamentary seat come 2026-2031 said that it is glaringly clear that banning Police bond or Bail even when well intentioned to curb crime, tantamounts to presuming suspects and accused persons guilty until proven innocent is clear violation of the Constitution of Uganda.
Counsel Isaac clarified that according to Article 98 of the Constitution of Uganda, the President is the Fountain of Honour and in accordance with Article 99, the President is expected to exercise his Executive Authority in accordance with the Constitution and Laws of Uganda.
He said that it is therefore imperative that the President puts into consideration the Constitutional provisions above before pronouncing a ban on Police Bond and Court Bail lest he will be contravening the Constitution of Uganda.
Atukunda revealed that any Police officer or Judicial Officer who implements the President’s ban would equally be in contravention of the Constitution of Uganda.
The President is absolutely right to implement measures aimed at curbing crime and reducing crime in Uganda especially amongst the wanaichi but this shouldn’t be at the expense of abrogating the clear provisions of the Constitution.
Atukunda narrated that even though it is true that corrupt police officers and some corrupt judicial officers who abuse Police Bond and Court bail contribute to increase in crime rates, there are other major factors contributing responsible for increased thefts and crime rates in villages giving an example of high poverty rates, high unemployment levels, alcohol and substance abuse, poor property and personal security, corruption among some security and judicial officers etc and unless these other causes are addressed, banning of Police Bonds and Court Bail may not sufficiently address increase in crime rates after all in most cases the right criminals are not usually apprehended.
Counsel Isaac Atukunda humbly urged the President to reconsider his position.
“William Blackstone in 1769 stated that, the Law holds that, it is better that 10 guilty persons escape, than that one innocent person suffer (innocent person be convicted)”.
Atukunda added that in 1895, the US Supreme Court stated that “it is better to let the crime of a guilty person go unpunished than to condemn the innocent”.
