Court Rules Prison Certification Crucial for Lukwago's Bail

High Court Judge David Matovu has ruled that former Kampala Lord Mayor Erias Lukwago’s bail was refused not due to the merits of his medical condition or sureties, but because the Uganda Prisons Service never officially certified that his health issues could not be managed within custody.

A medical report from Mulago National Referral Hospital consultants had recommended a specialized spinal review for Lukwago in India, with his legal team emphasizing that such care was unavailable locally.

However, Justice Matovu cited established legal precedent, stating that an inmate seeking medical bail must present official certification from a prisons medical officer confirming the inability to manage the condition in prison. The court found that this crucial certification was absent in Lukwago’s case.

Lukwago’s lawyers, including Medard Lubega Sseggona and Samuel Muyizi Mulindwa, had presented the medical report and four sureties, arguing that their client met all constitutional bail requirements. Justice Matovu acknowledged that Lukwago had satisfied other conditions, such as having a fixed residence and presenting credible sureties, and dismissed the prosecution’s speculative concerns about absconding or interfering with witnesses.

Despite these points, the judge concluded that the lack of official prison medical certification was insurmountable for the bail application at that stage. The ruling also noted that Lukwago had been committed for trial to the High Court while the bail application was pending, making it a moot point.

The judge has directed the Deputy Registrar of the Criminal Division to expedite the case for trial. Lukwago faces charges of misprision of treason for allegedly failing to report a plot to overthrow the government. He has been on remand at Luzira Murchison Bay Prison since June.

Source: Nile Post