KAMPALA.
The High Court in Kampala given more relief to human rights lawyer, Mr Eron Kiiza after issuing an order to have his passport back .
Mr Kiiza , through his lawyers had applied to get his passport to enable him to travel abroad for medical treatment.
In a ruling delivered on June 25, 2025, Justice David Matovu allowed Kiiza’s application, stating that the retention of his passport while lawful under the bail conditions should not obstruct his fundamental right to travel, especially in the absence of restrictions set by the original bail order.
“The learned judge (Hon. Michael Elubu) envisaged a situation where the applicant would require his passport to travel. There were no limitations as to which countries the applicant could travel to or circumstances for which he would require his passport,” Justice Matovu observed.
Mr Kiiza, a practising advocate of the High Court , was convicted of contempt of court by the Army General Court Martial in January 2025 and sentenced to nine months in prison.
He appealed the conviction both in the Court Martial Appeals Court and the High Court, and was subsequently granted bail on April 4, 2025. As part of his bail conditions, Mr Kiiza was required to deposit his passport with the court.
Through KTA Advocates and M/S Kiiza & Mugisha Advocates, Mr Kiiza applied for the release of his passport, citing medical reasons and a pending international trip to Costa Rica for rest and respite.
“The delay in releasing my passport is causing sleepless nights and worsening my trauma,” Mr Kiiza stated in his affidavit. He further noted that travel within East Africa using alternative documents had become inconvenient.
However, the Chief State Attorney Joseph Kyomuhendo opposed the application, arguing that Kiiza posed a flight risk and had not provided credible medical evidence justifying his need to travel.
“There is no verifiable documentation to prove he cannot be treated in Uganda. The retention of the passport is necessary to restrict his movement until the appeals are determined,” Mr Kyomuhendo argued.
Justice Matovu disagreed, noting that the applicant had already demonstrated good faith by returning to Uganda from Nairobi while using a temporary travel document.
“The court finds no real risk of flight in this case. The bail conditions as set by the learned Judge Elubu are sufficient to guarantee the applicant’s return,” the judge ruled.
Although the court acknowledged that Kiiza failed to provide medical records to substantiate his claim, Justice Matovu held that this omission alone could not override his right to access the passport, especially since no specific limitations had been set regarding its retrieval.
“The order to deposit the applicant’s passport was not punitive in nature,” he emphasised.
In conclusion, the judge directed that Passport No.
AA00541257 be released to Kiiza for purposes of travel and medical care abroad, with a strict condition that it must be returned to the court upon his return to Uganda.