Erias Lukwago, the former Kampala lord mayor, has been denied bail after the Makindye Chief Magistrate Court ruled that he could interfere with investigations if released.
In a ruling delivered on Tuesday, Chief Magistrate Sarah Basemera ordered that Lukwago remain on remand but directed prison authorities to take him to Mulago Hospital within 24 hours for a comprehensive medical assessment and treatment by specialist doctors.
Lukwago is charged with misprision of treason.
Prosecutors allege that between 2021 and November 2024, in Uganda and Kenya, he knew of an alleged plan by Dr Kizza Besigye and Obeid Lutale Kamulegeya to commit treason but failed to report the information to the relevant authorities or take steps to prevent the alleged offence.
After taking plea last week, Lukwago applied for bail through a team of lawyers led by Medard Sseggona.
Among other reasons, Lukwago’s lawyers argued that he is presumed innocent until proven guilty, has a fixed place of residence in Rubaga, Kampala, is 56 years old, suffers from chronic medical conditions requiring specialised treatment and had presented substantial sureties willing to stand for him.
They also told court that he would faithfully return whenever required.
The prosecution opposed the application, arguing that the charge carries a possible life sentence and therefore creates a risk of absconding.
The state further argued that investigations were still ongoing and that Lukwago’s status as a senior advocate and prominent political figure gave him the capacity to interfere with witnesses. Prosecutors also maintained that his medical condition could be managed within prison facilities.
In her 19-page ruling, Basemera emphasised that while every accused person has a constitutional right to apply for bail, there is no automatic right to be released.
“The grant of bail remains a matter of judicial discretion to be exercised judiciously, upon consideration of all the circumstances of the particular case,” she ruled.
She conceded that Lukwago had satisfied some important requirements for bail. She noted that he had established a fixed place of abode and presented substantial sureties.
Basemera also accepted that Lukwago has documented medical conditions requiring continuous treatment and monitoring.
However, she said those factors had to be weighed against other considerations.
She pointed out that the offence relates to the security of the state and carries a possible sentence of life imprisonment.
“More significantly, I have found that investigations into the alleged offence are admittedly still ongoing,” she said.
She stressed that the court was not accusing Lukwago of interfering with investigations but said his extensive professional and political networks could not be ignored at this stage of the case.
“It bears emphasis that this court makes no finding whatsoever that the applicant has interfered or intends to interfere with witnesses or investigations. The presumption of innocence remains fully intact,” Basemera said.
After balancing all the factors, Basemera concluded that the case did not justify granting bail.
“Having weighed all the relevant considerations cumulatively… I am not persuaded that this is a proper case for the favourable exercise of this Court’s discretion at this stage,” she ruled.
“The interests of justice, in my considered view, are better served by declining the application.”
Although Lukwago lost his bid for temporary release, Basemera issued several orders aimed at protecting his health.
She ordered the officer in charge of Murchison Bay Prison and the commissioner general of Prisons to facilitate his referral to Mulago within 24 hours.
She also directed that Lukwago’s wife and one lawyer of his choice be granted reasonable access during the referral and treatment process.
Basemera ordered doctors at Mulago to prepare a written medical report detailing their findings, diagnosis, treatment and recommendations and submit it to court.
She directed prison authorities to ensure that Lukwago continues receiving prescribed medication and that any recommendations by specialists are implemented.
