Editorial
The Makindye Chief Magistrate Sarah Basemera Anne has denied Erias Lukwago’s bail application but ordered prison authorities to transfer him to Mulago National Referral Hospital within 24 hours for specialist medical assessment and treatment.
In a ruling delivered electronically through the Electronic Court Case Management Information System (ECCMIS) on Tuesday at 4:45 pm, the court declined to release the President of the People’s Front for Freedom (PFF), who is facing charges of misprision of treason.
Lukwago is accused of failing to report alleged plans by several individuals, including retired opposition leader Dr. Kizza Besigye, to commit treason between 2021 and November 2024 in Uganda and Kenya.
Through his lawyers, Lukwago had sought bail on grounds that he is presumed innocent until proven guilty, has a fixed place of residence in Rubaga Division, Kampala, suffers from chronic medical conditions requiring specialized treatment, and had presented substantial sureties willing to guarantee his appearance in court.
However, the State opposed the application, arguing that the offence carries a maximum sentence of life imprisonment and that investigations into the matter are still ongoing.
In her ruling, Chief Magistrate Basemera acknowledged that Lukwago had demonstrated a fixed place of abode and had presented substantial sureties. She also noted the medical evidence before the court showing that he suffers from health conditions requiring continuous monitoring and treatment.
The magistrate emphasized that the State has a constitutional obligation to preserve the life, dignity and health of all persons in custody, adding that decisions regarding the adequacy of prison medical facilities should be left to qualified health professionals rather than judicial speculation.
“Whether the applicant’s current medical needs can be fully met within the facilities of the Uganda Prisons Service is a matter that should properly be determined by qualified medical practitioners upon assessment and not by judicial speculation,” she ruled.
Basemera said the court had carefully weighed Lukwago’s constitutional right to liberty against the interests of justice, the seriousness of the charge, the ongoing investigations and the need to preserve the integrity of the criminal process.
While recognizing his personal circumstances and medical condition, the court concluded that the interests of justice would be better served by refusing bail at this stage.
“Having weighed all the relevant considerations cumulatively, and giving due regard to the constitutional presumption of innocence, the applicant’s personal circumstances, the seriousness of the charge, the admitted state of ongoing investigations and the overarching interests of the administration of justice, I am not persuaded that this is a proper case for the favourable exercise of this Court’s discretion at this stage,” the ruling states.
The court consequently denied the bail application and issued a series of directives aimed at safeguarding Lukwago’s health while in custody.
The Officer in Charge of Murchison Bay Prison and the Commissioner General of Prisons were ordered to facilitate Lukwago’s transfer to Mulago National Referral Hospital within 24 hours for comprehensive medical assessment and treatment by appropriate specialists.
The court further directed that Lukwago’s wife and one lawyer of his choice be granted reasonable access during the referral and treatment process and be allowed to obtain copies of the medical reports and recommendations, subject to prison regulations and security requirements.
Mulago Hospital specialists were also instructed to prepare a detailed medical report outlining their findings, diagnosis, recommended investigations, treatment plan, medication and follow-up care for submission to court.
In addition, prison authorities were ordered to ensure that Lukwago continues receiving all prescribed medication and appropriate medical care pending and after the specialist assessment, including implementation of recommendations made by the attending medical team.