Two sureties who ran to the aid of their friend and guaranteed that he would appear in court have been told to pay Shs100 million after their friend disappeared.
In a ruling, Justice Michael Elubu of the Anti-Corruption Division dismissed an application by Nestorious Byaruhanga Katema and Issa Asiimwe, who had sought to be discharged from their roles as sureties for Julius Mugambagye, who had been charged with theft and fraud.
In 2020, Byaruhanga and Asiimwe, together with others, stood surety for Mugambagye and three co-accused persons who had been charged with theft and conspiracy to defraud.
They signed bail bond forms committing themselves to ensure that Mugambagye attended court whenever required.
They told the court that they complied with bail conditions and were later surprised to learn that the charges had been amended to include money laundering and the case file transferred to the Anti-Corruption Division of the High Court.
They argued that they were not notified of these changes.
Matters took a new turn when Mugambagye failed to appear for plea taking on July 27, 2024. Criminal summons were issued against him, and when he continued to hide, warrants of arrest were also issued against his sureties.
Byaruhanga and Asiimwe, his sureties, were arrested and remanded to Luzira prison. They then filed an application seeking to have the magistrate’s orders reviewed and set aside.
They asked to be released unconditionally and discharged from their obligations as sureties for Mugambagye. They also sought nullification of the proceedings, arguing that their arrest and remand were irregular.
Their main argument was that once the charges were amended and the file transferred from Buganda Road Court to the Anti-Corruption Court, their obligations as sureties ceased because they were not informed.
They said the failure to notify them violated their rights and effectively cancelled their contract with the court.
The state opposed the application. In an affidavit sworn by Senior State Attorney Gertrude Apio, the Director of Public Prosecutions (DPP) argued that the applicants had failed in their duties as sureties.
The state maintained that Byaruhanga and Asiimwe had been bonded in the sum of Shs100 million and undertook to ensure Mugambagye’s attendance in court. When he absconded, they neither produced him nor informed the court of his whereabouts.
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In his ruling, Justice Elubu explained that standing for surety for anyone means you have undertaken to guarantee or secure the attendance of the accused person for trial.
He stressed that once a person signs a bail bond, the obligations are serious and binding.
“In sum, where a person is appointed as a surety, they accept a sacred duty to the court,” Justice Elubu said.
Justice Elubu said the duties of a surety are to ensure the accused attends court whenever required, to sign the bail bond form, to inform the court if the accused cannot attend, and to pay the bond sum if the accused absconds from trial.
He rejected Byaruhanga and Asiimwe’s claim that their obligations ended when the case was transferred to the Anti-Corruption Division.
“Transfer of proceedings is provided for in the law and can form part of the trial process. It has no bearing on the bail conditions, because it entails the continuation of the court proceedings at a relocated court,” he said.
Justice Elubu found that Mugambagye had absconded and that his sureties did not inform the court of his whereabouts as required. It was for that reason, he said, that they were unaware of the amendment of charges and the transfer of the trial.
“That, in my view, was the appropriate course of action to take in the circumstances. A surety should not undertake the task lightly. It is a sacrosanct responsibility to be executed diligently,” Justice Elubu ruled.
Using strong language, Justice Elubu said Byaruhanga and Asiimwe were either negligent or fraudulent in failing to discharge their duty as sureties.
According to the bail bond form, Byaruhanga and Asiimwe undertook to pay Shs100 million if they failed to produce Mugambagye in court.
For this reason, Justice Elubu dismissed their application and directed them to pay Shs 100 million.
Next time you stand surety for someone, be aware of your responsibilities and the consequences of failing to discharge them.
