Civilian wins mandatory bail after landmark court-martial ruling

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Mr George Musisi, one of the lawyers of NUP members (standing) during his submission at the General Court Martial in Makindye, Kampala, on September 27, 2022. PHOTO | ABUBAKER LUBOWA

A civilian facing charges of treason, murder, aggravated robbery and illegal possession of firearms has secured mandatory bail from the High Court after spending months in custody awaiting the transfer of his case from the military court to the ordinary courts.

Mr John Masembe alias Nassi was granted bail by the High Court in Kampala after Justice Paul Wolimbwa Gadenya ruled that the State could not continue holding him in custody on accusations that, following a landmark Supreme Court decision, can no longer be tried by a military court.

Mabirizi, who represented himself in the application, will also be required to deposit his passport with court

Chief Magistrate Ritah Kidasa Neumbe ruled on Friday that the grounds advanced by Mr. Mabirizi lacked evidence and were insufficient to establish judicial bias

The judge said courts must rely on evidence presented in the record; not matters in the public domain.

In his ruling delivered on Wednesday, Chief Magistrate Kayizzi cited Article 28 of the Constitution on the right to a fair hearing and presumption of innocence, as well as Article 23, which…

“We believe the Attorney General failed or refused to advise his clients [the government and the military] to comply with transferring civilian files from the military court to ordinary courts,”…

The two hugged and committed to working together.

URA has set three transitional phases: the mapping stage, later biometric authentication, and finally the roll-out.