The Kawempe Chief Magistrates Court sitting at Kanyanya has set June 5 to rule on a mandatory bail application filed by lawyers representing Alex Waiswa Mufumbiro, who is facing charges related to alleged incitement to violence.
Waiswa, who has been on remand for more than three months, appeared before court on Friday alongside his legal team led by lawyer Alex Luganda.
Speaking to journalists after the court session, Luganda argued that his client had exceeded the constitutional remand period without the commencement of trial, making him eligible for mandatory bail under the law.
"The moment an accused person clocks 60 days on remand before trial commences, the Constitution commands the court to release that person on mandatory bail," Luganda said.
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He added: "In fact, we are not even supposed to apply as lawyers. The law expects the magistrate to take notice immediately once the constitutional timeline has been exceeded."
According to Luganda, Waiswa has now spent 92 days on remand in the particular case, well beyond the constitutional threshold.
"We simply reminded the court that Waiswa has been on remand for 92 days to date, and that makes him a successful candidate for release on mandatory bail," he stated.
The defense team also presented three sureties before court, including Waiswa's father, brother and brother-in-law, whom Luganda described as "substantial and credible."
However, the state opposed the bail application, a move Luganda criticized sharply.
"The state, as usual, objected to the bail because they believe the Constitution should not be respected and followed," he said.
He further argued that judicial officers are bound by the Constitution regardless of external pressure.
"We are all below the Constitution. Even the Chief Justice is below the Constitution. The duty of court is simply to follow the law in spite of all," Luganda added.
The lawyer also cited recent remarks by retired Court of Appeal Justice Kenneth Kakuru Egonda-Ntende, who reportedly urged judicial officers to remain faithful to the law and constitutional principles.
In the same proceedings, the defense objected to what it described as incomplete disclosure of prosecution evidence by the state.
Luganda told court that prosecutors handed over documents moments before proceedings started and attempted to commence trial without giving the defense sufficient time to review the evidence.
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"They brought us partial disclosures and wanted the hearing to start immediately," he said.
The defense further argued that some of the evidence referred to radio and television recordings that had not been supplied to them.
"You cannot expect an accused person to defend himself against allegations from radio or TV programs when you have not provided the recordings," Luganda argued.
Referring to concerns over digital manipulation, he added: "These days we have AI. We are seeing videos even making President Museveni dance in ways we know he cannot. In this era of technological manipulation, we must stick to proper legal procedures."
Court directed the prosecution to fully disclose all evidence intended to be relied upon before the hearing of the case can proceed.
The matter will return to court on June 5 for the ruling on the mandatory bail application and further directions regarding the trial.
