Last month, Retired former Supreme court Judge George William Kanyeihamba was once again in the news after petitioning the constitutional court challenging the move to deny bail to suspected capital offenders in Uganda.
In his petition, Justice Kanyeihamba says for President Museveni to take away any right to bail, he needs to first remove Uganda from all international treaties that guarantee the right to bail globally.
The Petitioner adds that, although the Attorney General and the Government of Uganda have a right to limit fundamental rights and freedoms, it can only be done in line with article 43 of the 1995 Constitution and International laws.
Justice Kanyeihamba contends that article 23 of the Constitution of Uganda guarantees and prescribes the Right of any person charged with a criminal offense to apply for bail, which the court can honor or deny.
President Museveni on September 27, 2021 at the Judiciary Headquarters told judges who were attending the 4th Benedicto Kiwanuka Memorial Lecture that it is a provocation to grant bail to a capital offender and that giving such suspects bail is not a right.
Subsequently, Museveni added that he was to use political means to see that bail for capital offenders like murderers, rapists, child defilers, terrorists etc is scrapped.
Interestingly, it has emerged that the same Kanyeihamba while still a minister of justice and constitutional affairs/ Attorney General of Uganda, advised the government to scrap off bail for capital offenders.
In his letter dated March 1991 and addressed to the principal judge High Court Kampala, Minister Kanyeihamba noted that the government in which he was the chief legal advisor had expressed concern that officials charged with embezzlement, corruption involving huge sums of money got bail so easily from magistrates.
He added that when the suspects were released, they used some of the money to corrupt the police to cause the file and reports to disappear.
“Later when their cases are heard, there is no evidence, no witness, and they get off scot-free” Kanyeihamba noted.
He further revealed in that letter that “On our part, we have instructed State Attorney and police prosecutors to oppose bail in this type of case. The records show that those state attorneys have persistently followed those instructions but though magistrates granting bail to these suspects”
This now exposes Kanyeihmba for being inconsistent with his legal opinions because he is the same learned fellow that advised the government to review bail terms because of serious concerns at the time which are the same concerns today that the president is raising out.
President Museveni knows the Law but wants Justice because he has earlier opposed life sentences and went ahead to pardon people on related cases such as John Katuramu the former Prime Minister of Tooro Kingdom who was on murder and Chris Rwakasisi the former ruthless minister of security in the Obote regime among others.
I think the head of state has been merciful but with the increased rate of crimes and corruption cases, he started to gradually rethink his position such that all Ugandans receive fair justice.
