A senior judge of Uganda’s Court of Appeal, Justice Kenneth Egonda-Ntende, has raised concern over the handling of bail applications in lower courts, citing a recent case that, in his view, exposed gaps in the justice system’s sensitivity to family welfare.
Speaking during a special sitting of the Court of Appeal on Thursday held in his honour ahead of his retirement on June 15, Justice Egonda-Ntende referenced a widely reported incident involving children forced to bury their mother without the presence of their father.
“Multiple weeks ago, I read and viewed in both print and broadcast media the story of a couple of young children mourning and burying their mother, who had passed on as a result of a lost battle to cancer,” he said.
According to the judge, the children conducted the burial alone because their father had been remanded on what he described as a minor and unclear charge that was yet to be proven in court.
He questioned the rationale behind denying bail under such circumstances.
“The children were grieving and burying their mother alone without their surviving parent. The father had been held on some minor, obscure charge, and yet unproven in a subordinate court,” he added.
Justice Egonda-Ntende further challenged judicial officers to reflect on the broader social implications of their decisions, particularly in cases where the charges do not involve serious threats to life or property.
“The charge did not involve loss or threat to life or property. The father was held in pre-trial custody, denied bail long past the constitutionally permitted period for denied liberty. What society treats its children like this?” he posed.
The judge was referring to the case of National Unity Platform (NUP) deputy spokesperson Waiswa Mufumbiro, who was reportedly denied bail to attend the burial of his wife who succumbed to cancer.
His remarks come at a time when concerns have been raised by legal practitioners and human rights advocates over prolonged pre-trial detention and the discretionary use of bail by judicial officers.
Justice Egonda-Ntende, who has served on the bench for decades, used the occasion not only to reflect on his judicial career but also to call for a more humane and constitutionally grounded approach to justice.