Judge to Rule on Eron Kiiza Bail Next Week

The High Court’s Criminal Division has set April 4th as the date for a ruling on the bail application of lawyer Eron Kiiza. 

Eron Kiiza on Tuesday appeared before the High Court Criminal Division Judge Michael Elubu for a hearing of his bail application.

His lawyers, led by Nicholas Opiyo, informed the Court that they had made written submissions in the case and that the office of the Director of Public Prosecutions, which was being represented by Senior State Attorney Timothy Amerit. The lawyers asked the Court to adopt their submissions as opposed to making oral arguments today. 

The court was only shown Kiiza’s sureties physically, who included the Uganda Law Society Vice President, Anthony Asiimwe, who was originally not part of the already made written submissions, but has been added to the list of sureties. 

Others are: his wife Sylvia Tumwebaze, the Archives and Data Manager of Hima Cement, two lawyers, including Dr Busingye Kabumba, a Lecturer of Law at Makerere University and Primah Kwagala, the Executive Director of Women’s Probono Initiative, who are both his friends. 

Eron Kiiza notes that he is a family man with three young children aged between 4 and 10 years who need him as a parent and keeping him in prison, he is likely to cause harm on both his parental and professional obligations as he is the sole partner at his law Firm of Kiiza and Mugisha Company Advocates.

The Judge then asked Lawyer Opiyo what he had to say on the argument by the prosecution regarding sureties who reside far away from the applicant, and if they could compel him to return for the trial. In response, Opiyo said he had addressed everything in their affidavit in rejoinder, which is already before the Court record. 

Lawyer Eron Kiiza told the court that he had spent 76 days in illegal detention and asked the Court to put an end to it. “My Lord, I have spent 76 days in illegal detention. I ask the Court to put an end to this. Most obliged”, said Kiiza. 

Justice Elubu then fixed April 4th to deliver his decision on the matter. It is the same day when Opposition politician Dr Kizza Besigye and Obeid Lutaale will be returning to the Nakawa Chief Magistrates to be informed on the process of the investigations on the treason and misprision charges against them. 

After the hearing, lawyers criticized the government as well as the judiciary over what they described as injustices meted out to their colleague and as well as others, including civilians who remain on trial in the Court martial and Uganda Law Society President Isaac Ssemakadde. 

They appealed and prayed for Eron Kiiza’s release and also asked the Judiciary or courts of law to lift the punishments imposed on Ssemakadde, who is facing two warrants of arrest, including one from Buganda Road Chief Magistrates Court, where he is wanted for insulting the Director of Public Prosecutions Lady Justice Jane Frances Abodo. The second warrant directs police to arrest and take him to prison for contempt of court after using his social media to abuse Justice Musa Ssekaana. 

Kenyan jurist Martha Karua asked the judiciary to do the right thing, saying that these cases are an indictment of the institution.  She said they are aware of what she described as an assault on the bar of Uganda (lawyers in Uganda), and it should be condemned. 

“Who will stand for the rule of law when the bar is threatened. The bar in the East African Community -EAC is concerned. Even in the case of Eron Kiiza am obliged to apply for a Practicing Certificate, not just for Kizza Besigye but also Eron Kiiza if need be “, said Martha Karua.

The ULS Vice President, Anthony Asiimwe, said, ” This is a deliberate attack on the bar. The President of ULS is on official duty. The whole of the ULS might not practice over the threats from the state “

Sigano David, CEO East Africa Law Society, said they had come in solidarity with lawyer Eron Kiiza and that his continued detention is not fair. He has called on the state to stop what he described as a trend of harassing and detaining lawyers who are doing their duties. 

He has urged the Court to expedite the process of releasing Eron Kiiza and all the civilians who were facing trial in the Court martial before the Supreme Court banned their trial from Military courts. He threatened that they would file a class action suit against the government if the Supreme Court decision was not complied with. 

Sigano also noted that the East African Law Society will do everything possible to ensure that Ssemakadde gets Justice. 

Gloria Kimani, a representative from the Kenyan Law Society, said that they are watching the events happening in Uganda, and they are holding them accountable and that they should release Kiiza.

Abubakar Ssekanjako, a representative of ULS to the Law Council, said the jailing of Eron Kiiza is worrying to them. He noted equally that Ssemakadde was jailed because of issues arising from his work, just like Kiiza, which he noted had created tension and disharmony. He asked the parties involved in this matter to put an end to the conflict between the bar and the bench. 

Martha Karua and Lord Mayor Erias Lukwago, his Deputy Doreen Nyanjura, Senior Politician Wafula Ogutu, Members of Parliament, lawyers and many activists and politicians attended the Court in a fully packed room.