In a shocking decision, Justice Paul Nshimye, a High Court judge based in Mbarara, has allowed a male refugee accused of aggravated defilement to walk free on bail while awaiting trial.
The ruling, made on September 12, 2025, has raised eyebrows because aggravated defilement – the crime the man is charged with – is one of the most serious offences under Uganda’s laws. It involves the rape of a minor and carries a possible death penalty if proven.
The man, Leonard Shizirungu, is a refugee from Burundi who has been living in Uganda since around 2018. He was arrested in June 2023 and has spent over two years in Mbarara Main Prison without a full trial. He is alleged to have defiled an 8 year-old girl.
Aggravated defilement means having sex with someone under 18 years old. Some extra factors could make it worse, like if the accused is in a position of authority or is infected with HIV/Aids.
In Uganda, this crime is seen as a major threat to children’s safety, and suspects are usually kept in jail to protect the public.
But that is not what Justice Nshimye appears to have considered. In his ruling Nshimye explained that everyone, even refugees, has the right to ask for bail under Uganda’s Constitution. He said Leonard is still presumed innocent until a court proves him guilty, a basic rule in law.
The judge said he also considered Shizirungu’s family situation: he has a young child with heart problems who needs special medical care. The child’s mother reportedly struggled to handle this alone, and Shizirungu attached doctor’s notes to show the child’s illness is real and urgent.
To make sure Shizirungu doesn’t run away, the judge noted that he lives in Nakivale Refugee Settlement in Isingiro, a controlled area run by the Ugandan government. Shizirungu has a valid refugee ID card from the Office of the Prime Minister, and local leaders there confirmed his address. He also provided two friends as sureties – people who promise to make sure he shows up for court. These sureties are also refugees in the same camp.
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The judge balanced Shizirungu’s rights with the public’s safety. He referred to past court cases that say bail should protect personal freedom while considering community interests. In the end, he decided Leonard’s case met the rules for bail because investigations are done, and the trial can start soon.
Under the bail terms, the judge said Shizirungu must pay Shs 1 million in cash while his two sureties where each bonded at Shs 10 million (non-cash bond).
He has to report to the court registrar in Mbarara every first Monday of the month, starting October 6, 2025. The court must schedule his trial quickly in the next session, keeping in mind he’s a refugee.
Shizirungu was represented by lawyer Albine Atugabirwe from the Legal Aid Project of the Uganda Law Society. Interestingly, the state prosecutor, Jacob Nahulira, did not challenge the family or refugee details in court.
