A section of lawyers has petitioned the Constitutional Court, seeking to abolish the practice of setting cash bail conditions without assessing suspects’ financial capacity. These advocates argue that the practice not only violates suspects’ right to freedom but also contributes to prison overcrowding.
The petitioners challenge the constitutionality of section 78(b) of the Magistrates Court Act, which empowers magistrates to grant cash bail. They argue that this section contradicts Articles 21, 28, and 126 of the Constitution, which guarantee equal access to justice regardless of economic status.
They propose that after fulfilling other conditions like proving residency, promising non-absconding, and not interfering with witnesses or investigations, suspects could provide sureties instead of cash. This, they argue, would sufficiently assure the court of the suspect’s return.
The petitioners, including lawyer Kuuku Amos, Ssetimba and company advocates, and affected individuals Kasule Ezekeil and Kajubi Frank Barnabas, filed the petition against the Attorney General. They claim that, besides needing to sell assets to meet bail conditions, the process of reclaiming the money after the case is difficult.
It is against this background that they asked court to order the release of all prisoners currently detained for failing to raise cash bail and compensate them for damages suffered.
