Four time presidential candidate, Dr.Kizza Besigye has filed an appeal before the High Court in Kampala challenging the unfair terms that were imposed on him before he is released on bail.
Buganda Road court on Wednesday charged Besigye with incitement to violence contrary to section 51(i) (b) of the Penal Code Act because of his recent protests against the high commodity prices.
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Whereas the court granted him bail, he was asked to pay a shs30 million cash bond before he would be released but he opted to go on remand but challenge the unfair terms in a higher court.
On Thursday, Besigye's lawyers led by Kampala Lord Mayor Erias Lukwago challenged the shs30 million cash requirement that court imposed on the opposition leader before his release.
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"The learned magistrate of Buganda Road Chief Magistrates Court unfairly and injudiciously exercised her discretion when she ordered the applicant a cash bail of shs30 million which is manifestly excessive," Besigye says.
According to Besigye, the magistrate was unfair to him since his other co-accused who had been arrested with him were granted bail but on lesser conditions.
"In imposing upon me an unconscionable condition for bail which substantially differed from the terms preferred the terms set for other accused persons arrested with me, exercised her jurisdiction with material irregularity."
He argues that by ordering him to pay shs30 million in cash before being released on bail amounted to a derogation of his right to fair hearing and civil liberties.
In the application, Besigye wants the High Court to rule that the order and decision of the Buganda Road Chief Magistrates court be revised and set aside.
"It is only just and equitable that the said order and decision of the Buganda Road Chief Magistrates Court be revised and set aside."
Besigye declines "expensive" bail granted to him by court; opts to go to prison