DPP Opposes Bail for MPs

The Director of Public Prosecutions-DPP has asked the Anti-Corruption Court to deny bail to three Members of Parliament who are facing corruption charges. 

The MPs are: Yusuf Mutembuli (Bunyole East), a resident of Bweyogerere Kirinya in Kira Municipality, Wakiso district, Paul Akamba (Busiki) resident of Kyanja Balagade Rise Nakawa Division and Cissy Namujju Dionizia (Lwengo Woman) resident of Nambu village, Kigo Wakiso district.

On Friday, the MPs through their lawyers led by Caleb Alaka, Evans Ochieng , Mwesigwa Rukutana , Brian Rubaihayo and Edgar Ayebazibwe applied for bail shortly after the testimony of the Uganda Human Rights Commission Chairperson Mariam Wangandya. 

This was before the head of Anti-Corruption Court Judge Lawrence Gidudu who then guided that they only present sureties and brief background about them.

Mutembuli presented Geoffrey Mutibwa  the Bunyole County MP, Steven Baka Mugabi MP for Bukholi County , Florence Nebanda MP for Butaleja  and his sister Namukose Minsa Principal Community Officer as his sureties.  

Alex Brandon Kintu MP for Kagoma North County, Ssemwanga Gyavira the Buyamba County MP, Budaka District Woman MP Kamugo Pamela Nasiyo   and Bukoto West MP Ssentayi Muhammad were listed as Namujju’s sureties.  

Akamba through his lawyer asked Justice Gidudu to reinstate the bail that was already given to him by the Chief Magistrate. Akamba was granted bail by the Chief Magistrates Court and paid 13 million shillings, but he was rearrested within court premises before being committed to the High Court by his co accused to stand trial.    

But Judge Gidudu said Akamba’s lawyer was arguing in a wrong place emphasizing that, he didn’t preside over the lower court issues.

Ochieng presented Namutumba District Woman MP Mariam Naigaga and Bugabula South MP Maurice Kibarya as Akamba’s sureties.   

The lawyers told court that the MPs have spent on remand 52 days in Luzira Prison.

But the Judge responded that this is long period adding that they are now experienced prisoners.  Alaka said they have talked to the sureties and they have ably understood their roles. 

The accused’s lawyers asked the court to grant a reasonable bail term of at least 2 million shillings  However, Prosecution led by Chief State Attorney Jonathan Muwaganya objected to bail saying the sureties are not substantial.  

He said that Namujju, Mutembuli and Akamba have a right to apply for bail but it is up to court to grant or deny bail.  

Muwaganya said the court can deny bail if it is not satisfied that there are exceptional circumstances warranting release on bail.   

He said the court needs to look at Bail Guidelines of 2022 which set a number of considerations in exercise of its discretion.  

The Prosecutor then highlighted case management rules of the Anti-corruption court which  require specific conditions such as considering the nature and gravity of the offense, the applicant's age whether it's of advanced age, whether the applicant has a fixed place of a bode, substantial sureties among others.

Court heard that Namujju presented medical letters not from prison as required by law,  but instead submitted medical letters from Turkey which were in Turkish language but most importantly, that the letters do not meet the required standards because they are not certified by prison medical doctors.  

Muwaganya said Mutembuli submitted medical letters from Cardiac Hospital, a private facility dated June 16 2024 when he was already in prison, but equally not certified by Prison medical officers. He added that the matter is already under trial, and therefore the hearing of the case should be prioritized and bail denied.  

The Court further heard that the sureties presented despite being MPs, they are not fit to be called substantial sureties because of discrepancies in their documents from the Local Council One.  

Muwaganya said that being a Member of Parliament doesn't mean that one is financially sound and none of the MP sureties have presented that they have the financial capacity to meet the standards of the Anti-Corruption Court. He said there is no evidence to show that they have finances (bank statements showing how much money is on their accounts).

Justice Gidudu indicated that the ruling on whether to admit audios recorded by Wangadya which was pending in the earlier proceedings will be delivered on Monday August 5th 2024 at Midday. 

On the same day, the Court will also decide on Bail applications for MPs Namujju, Mutembuli and Akamba.

According to the Judge, hearing of prosecution witnesses will then resume on 8th and 9th August 2024.

He requested all parties in this case to cooperate so as to finish this trial in two weeks.

The accused MPs were further remanded.

The prosecution alleges that MPs; Mutembule, Akamba and Namujju on May 13, 2024, at Hotel Africana in Kampala solicited money from Mariam Wangadya the chairperson of the UHRC an undue advantage of 20 per cent of the anticipated budget of the UHRC for the financial year 2024/2025.

This was reportedly done by asserting that the MPs were able to exert improper influence over the decision-making of the parliamentary budget committee to increase the UHRC budget, in consideration of the said undue advantage.