The High Court in Kampala has today Monday reduced the cash bail term handed to Col.(Rtd) Kizza Besigye by Buganda Road Court Magistrate from Shs.30 million to Shs.3 million.
According to High Court Criminal Division Judge Micheal Elubu, the Shs.30 million set by Buganda Road Court Magistrate as one of the bail conditions for the political activist was harsh and excessive, given the case in consideration.
The bail was therefore revised from Shs.30 million to Shs.3 million cash for a case in which the former FDC strongman is accused of inciting public violence.
Elubu said the bail conditions were very stringent, for an offence that is punishable by only 3 years in jail, and a fine of Shs 1.44 million or both.
According to Elubu, it was necessary to revise the bail amount, such that it is in tandem with the case at hand.
“The learned trial magistrate exercised her discretion with material irregularity when she set the bail amount at shs30 million. This condition was manifestly harsh and excessive. It therefore occasioned miscarriage of justice,” Deputy Registrar, Festo Nsenga read the ruling.
“The offence doesn’t attract a very severe punishment. If the court were to impose a fine as punishment and this would be two currency points for each term of punishment and since the maximum punishment is three years, the amount payable would be shs1.4 million considering each currency point is shs20,000.”
“In light of the above, the court is persuaded to reduce the bail cash from shs.30 million to shs.3 million cash. All the conditions set by the magistrate remain the same,” he declared.
He said that Besigye was arrested with three of his other colleagues, whose bail conditions were not too harsh and therefore deemed it necessary, to grant him bail of Shs 3 million, not 30 million.
Former presidential candidate, also leader for People’s Front For Transition Dr Kizza Besigye was remanded to Luzira Prison, after he refused to pay Shs.30 million cash for his bail, following his arrest over renewed protests against government laxity to skyrocketing commodity prices.
Besigye is blamed for inciting the public together with three of his colleagues. He is accused of asking the public to join him in protests over the high commodity prices which tantamount to inciting violence, contrary to section 51(i) (b) of the Penal Code Act.
Prosecution alleges that on 24th of May, this year he showed up at Arua Park Kampala and held an illegal procession, in which he called upon people to demonstrate against skyrocketing commodity prices , yet he very well knew that such an act would endanger national security.
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