COURT.Renowned economist and former Makerere University Business School (Mubs) principal, Prof Waswa Balunywa, has regained his freedom after spending three nights in Luzira Prison on two corruption-related cases.
Anti-Corruption Court Chief Magistrate, Racheal Nakyazze granted the 69-year-old academic temporary freedom on Friday.
In her rulings, Nakyazze allowed Prof Balunywa to walk home after depositing Shs 5 million cash in the first case where he is accused of irregularly appointing unqualified staff, and another Shs10 million cash in the second case, which stems from alleged illegal mass recruitment at Mubs
Each of his sureties was bonded at Shs50 million non-cash in the first case, and Shs100 million non-cash in the second case.
The magistrate further directed that Prof.Balunywa passport remain in court custody and a land title in his name be retained as security.
“Bail is a constitutional right, and the discretion lies with the judicial officer. The sureties presented are substantial and capable of ensuring the applicant’s attendance,” Nakyazze said while delivering her decision.
The court scheduled October 15 as the date for mention and pre-trial proceedings in both cases.
During earlier submissions, state prosecutors had opposed Prof Balunywa’s release, arguing that his sureties were too young to command his compliance with court orders.
They also cited the existence of two active case files against him as grounds to deny bail.
But the magistrate disagreed, noting that the relationship between the sureties and the accused was strong enough to keep him tied to court.
“The applicant cannot allow his son or sister to be remanded on his behalf. These are individuals who are gainfully employed, and their professional standing assures this court of their ability to compel him to appear,” Nakyazze observed.
On the question of multiple cases, the magistrate emphasized that the presumption of innocence remained central to the justice process.
According to charge sheets filed by the outgoing Director of Public Prosecutions (DPP), Jane Frances Abodo, Prof Balunywa allegedly overstepped his authority as principal of MUBS between 2020 and 2023 by appointing 103 academic staff, 17 administrative staff, and 69 support staff without following the procedures of the institution’s Appointments Committee.
In an earlier file, he is accused of recruiting three administrative assistants James Arike, Nathan Nuwagira, and Nimrod Kakayi despite their lack of requisite qualifications. The appointments allegedly caused undue financial burden to government.
Prof Balunywa is jointly charged with Jacqueline Namaganda, the former Acting Human Resource Director at Mubs, who separately faces three counts of neglect of duty for failing to vet the eligibility of the same individuals.
Both accused persons have pleaded not guilty.
While prosecutors insisted that the professor had deliberately avoided previous court summons, his lawyers, led by Asuman Matovu, maintained that he appeared as soon as he was formally served.
Matovu also countered the argument on the age of sureties, stressing that those presented were not only responsible but also close relatives of the accused.
“It is not necessary to bring sureties older than the applicant. What matters is that they are credible, respected individuals in society, and this court retains discretion on whether or not to accept them,” he argued.
The court agreed with the defence and ruled in favour of bail.
Prof Balunywa retired from Mubs in May 2023, ending a 26-year leadership tenure. His continued stay at the helm had been controversial since 2018 when Education Minister Janet Museveni directed the Education Service Commission to find his replacement.
That directive was later reversed by President Museveni, who ordered his reappointment on grounds of his “liberation ideology” and administrative track record.
It is this extension that prosecutors now say gave rise to the alleged irregular appointments and abuse of office charges.