The Chief Magistrate’s Court in Makindye has denied bail to Kampala Lord Mayor Erias Lukwago, who is facing a charge of misprision of treason, even as it directed urgent medical intervention for his reported health condition.
Chief Magistrate Her Worship Basemera Sarah Anne ruled on Tuesday that the application for bail did not meet the threshold required for release pending trial, citing the seriousness of the offence and ongoing investigations.
Lukwago is jointly charged under Section 25 of the Penal Code Act with misprision of treason.
The prosecution alleges that between 2021 and November 2024, across locations including Nairobi and Kampala, he allegedly failed to report information regarding individuals said to be planning acts of treason, despite being aware of their intentions.
The accused, through his lawyers, applied for bail under Article 23(6) of the Constitution, arguing that he is presumed innocent, has a fixed residence in Wakaliga, is 56 years old, and suffers from chronic illnesses requiring specialised and continuous medical attention.
The defence also maintained that he had substantial sureties and was likely to attend court if released.
However, state attorneys opposed the application, arguing that the charge carries a maximum sentence of life imprisonment, creating a strong incentive to abscond.
They further told court that the gravity of the alleged offence and the stage of investigations weighed against granting bail.
In her ruling, the magistrate emphasised that bail is a discretionary remedy that must balance the rights of the accused with the interests of justice and public confidence in the judicial process.
She cited legal precedent underscoring that courts should avoid unnecessarily restricting liberty but must act where there is demonstrated risk.
The court acknowledged Lukwago’s fixed abode, sureties, and medical concerns but concluded that, when weighed cumulatively against the seriousness of the charge and ongoing investigations, the application could not be granted at this stage.
Despite denying bail, the court issued strong directions on medical care. The Uganda Prisons Service was ordered to facilitate Lukwago’s referral to Mulago National Referral Hospital within 24 hours for comprehensive assessment and treatment.
The court further directed that medical specialists issue a detailed report to be filed before court.
Additionally, the court allowed his wife and a chosen advocate reasonable access during treatment and ordered that he continues receiving prescribed medication while in custody.