The Army Prosecutor Ambroz Guma told the court that he had instructions to leave the matter up to the court to make a decision.
Rubaga North Councillor Elect James Mubiru appearing before court.
Rubaga North Lord Councillor Elect, James Mubiru is
finally out on bail. The Makindye based General
Court-Martial released Mubiru on Tuesday after spending close to five months in
jail following his arrest in March 2021 for unauthorized use of military uniform.
His release followed a successful bail
application filed by his lawyers by Anthony Wameli and
Geoffrey Turyamusiima to the Military court
chaired by Lt. General Andrew Gutti. In their application, the lawyers argued that
their client had spent a long time in detention without knowing when his trial
will commence.
They also told the court that the accused has no criminal record
and has substantial sureties. Mubiru Noah Lumala,
Sepiria Kabuuka and Fauzia Nabirye,
all relatives as his sureties. The lawyers also argued that their client had
never taken the oath of office to represent his electorate even since he was elected
as Rubaga North
councillor.
The Army Prosecutor Ambroz Guma told the court that he had instructions to leave the matter up to the court to make a decision on the bail application. As a result, the court took a break of about ten
minutes and decided to release on
bail of Shillings 10 million not in cash.
Each of his sureties executed a non-cash
bond of Shillings 20 million. Gen. Gutti directed Mubiru
not to go beyond Kampala and Wakiso districts without the express permission of the Court Registrar. He also directed him to report twice to court every after 14 days, saying any breach of any of the conditions would lead to the automatic cancellation
of his bail.
In July 2021, Mubiru’s lawyers filed an
application before the High Court in Kampala demanding the unconditional
release of his clients on grounds
that he had spent more than 120 days without the trial kicking off and
therefore qualified for unconditional release under the law.
On July
28th 2021, High Court Judge Boniface Wamala dismissed another application by Mubiru’s lawyer’s to push an expeditious trial, arguing that there were very many people in the same category as Mubiru in detention.
How it all Started
Mubiru was picked up on
November 18 2020 in Nakulabye Kampala city where he was allegedly found wearing a red beret, which is a monopoly of the Defense Forces. He appeared before the seven-member panel of the
General court-martial on March 22, 2021,
where he was charged with unauthorized use of a military uniform under the UPDF Act of 2005.