Kampala, Uganda – The Uganda Law Society (ULS) has accused Judge Rosette Comfort Kania of breaking the law by denying bail to opposition figure Dr. Kizza Besigye and co-accused Hajji Obeid Lutale on April 11, 2025, despite the accused meeting all legal bail requirements.
ULS through its Vice President Asiimwe Anthony issued a bold statement condemning the judge’s ruling as “fundamentally flawed and impeachable,” asserting that it directly undermines judicial integrity, rule of law and public trust.
The bail denial rooted in Judge Kania’s speculative reasoning that the accused might interfere with ongoing investigations and needed protection from their own alleged “temptations,” has triggered a national debate on judicial discretion, legal accountability and political impartiality in Uganda’s courts.
ULS argues that such reasoning dangerously replaces legal precedent with paternalistic assumptions, a move they say is not only unlawful but also unconstitutional.
“Judicial discretion is not absolute,” reads the statement, referencing multiple precedents including Uganda v Dr. Kizza Besigye (2005) and Attorney General v Uganda Law Society (2006). “It must be exercised within legal principles not personal opinion.”
On April 11, 2025, Dr. Besigye and Hajji Lutale appeared before the High court seeking bail. Despite meeting all the legal conditions including non-flight risk, fixed place of abode and no evidence of obstruction, their application was denied by Judge Kania.
ULS maintains that Judge Kania cited no law or precedent to justify her ruling, a move that is identical to judicial overreach. The society opposes that substituting legal reasoning with speculation sets a dangerous precedent and opens the door to abuse of power, especially in politically charged cases.
In his now-viral post, ULS VP Asiimwe Anthony didn’t mince words;
“When judges break the law, fundamentally affecting the rule of law… we can’t keep quiet.”
His statement underscores a new era of legal accountability and activism in Uganda’s justice system.
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