KAMPALA.
President Museveni has reiterated his long-standing opposition to granting bail for capital offenders, calling it a ‘mistake’ that must be addressed.
“The Banyankole have a saying: ‘Aleileyo yagalika’ meaning,he stole and returned from prison unbothered. People are fed up with this. Itis provocative and must stop,” he stressed on Wednesday at State House, Entebbe while presiding over the swearing-in ceremony of nine recently appointed judges .Museveni’s reinforced hard-line stance on not granting bail comes just hours after the High Court in Kampala denied ailing veteran opposition politician, Dr Kizza Besigye, his aide Obeid Lutale and one of their lawyers, Eron Kiiza bail despite mounting pressure from various circles in Uganda and abroad that they were being held illegally .
Dr Besigye and Mr Lutale were on November 16, 2024 abducted from Nairobi. They resurfaced on November 20 when they were arraigned in General Court Martial in Kampala and charged with offences relating to security and unlawful possession of firearms and ammunition.
They were remanded at Luzira Maximum Security Prison in Kampala, where they are still detained even after the January 31, 2025 Supreme Court ruling that trying civilians in military courts is unconstitutional. On the role of military courts, President Museveni defended their jurisdiction over both soldiers and certain civilian cases. “The military courts serve two key purposes: first, to maintain discipline within the army, and second, to handle cases involving armed criminals. If a soldier commits an offense, handling it through civilian courts would undermine military discipline,” he explained. President Museveni cited the example of the cattle rustlers and Karachunas who were tried in the military courts. “I hear there are 3,000 of them now, and this process helped remove them from circulation, giving them a chance to reform,” he noted. The President also questioned why some Western nations criticize Uganda’s use of military courts for civilians in armed-related offenses while simultaneously endorsing values contrary to African traditions. “They claim it is ‘irregular’ for armed civilians to be tried in military courts, yet they believe a man can marry another man. What kind of reasoning is that?” he asked. Responding to the fund-seeking from the judiciary, the President reiterated the need for prioritization in government spending. “We freedom fighters never asked for money; we only needed bullets and guns to fight for our cause. When I met Muammar Gaddafi in 1981, he asked what I needed. I told him: ‘Guns and bullets.’ We knew that with weapons, we could handle everything else,” he recollected.
He emphasized the importance of the role the new judges will play in upholding the law and ensuring justice for all Ugandans.
Mr Museveni made a compelling appeal for a justice system that aligns with Uganda’s cultural and historical context, stressing the need for a legal framework that reflects African traditions rather than relying solely on Western models. The ceremony saw the official swearing-in of Justice Muzamiru Mutangula Kibeedi, the Justice of the Supreme Court. Also sworn-in as Justices of the Court of Appeal were, Justice Ssekaana Musa, Lady Justice Sabiiti Cornelia Kakooza, Lady Justice Stella Alibateese, Lady Justice Florence Nakachwa, Justice Byaruhanga Jesse Rugyema, Justice John Mike Musisi, Lady Justice Ketrah Kitariisibwa Katunguka, and Lady Justice Esta Nambayo.
These appointments, made by President Museveni on February 7, 2025, are expected to enhance the judiciary’s efficiency in delivering justice. Mr Museveni noted that justice is often defined according to societal norms and circumstances. Citing historical practices such as wife inheritance among the Banyankole, he explained that such customs were once considered a form of social security for widows and their children.
However, with societal evolution, some traditions need to be reviewed and phased out where necessary. Reflecting on Uganda’s political journey, Mr Museveni t underscored the role of freedom fighters in shaping the country’s constitutional framework.
“ In the 1960s, we, the freedom fighters, argued that justice should be tailored to our own society, not imposed upon us by European standards. That is how we have been able to understand truth and justice,” he said. The President also addressed Uganda’s judicial approach to crime and punishment, particularly the death penalty. He pointed out that traditional African societies adhered to strict principles of justice, often demanding full accountability for crimes such as murder .
“In African traditions, if you killed my brother, you had to face revenge. This aligns with the Old Testament’s ‘an eye for an eye’ principle. However, the modern legal system insists that execution is not a solution, opting for long imprisonment instead. This does not sit well with many communities,” he said.
The President expressed satisfaction with the adoption of Alternative Dispute Resolution (ADR)mechanisms, calling on the legal fraternity to embrace a mindset that better understands the Ugandan people. “It is not your primary responsibility as lawyers, but it would be helpful if legal professionals understood our people’s perspectives. That way, when we enact legislation, it will be well received,” he urged.
On his part, the Chief Justice, Alfonse Owiny-Dollo welcomed the new judicial appointments, describing them as a historic milestone in Uganda’s judiciary.
He praised President Museveni for fulfilling his commitment to strengthening the judiciary; a promise first made in 2021.“I am happy to warmly welcome one elevated Justice to the Supreme Court and nine to the Court of Appeal. This is a record; never before have had we had such a large number of appointments at once. It reflects the commitment to transforming the judiciary so it can better serve the people,” he said. The chief Justice also highlighted that the increase in the number of justices will enhance efficiency in delivering justice. With 21 justices now at the Court of Appeal, he said the judiciary will be able to convene multiple constitutional panels simultaneously, ensuring faster resolution of petitions.