KAMPALA, UGANDA | The International Crimes Division of the High Court has granted bail to 36 former Forum for Democratic Change (FDC) members charged with terrorism, allowing each to post a cash bail of 2 million shillings. The group, consisting of 33 men and three women, was arrested in Kisumu, Kenya, and extradited to Uganda in August.
On Thursday, Lady Justice Susan Okalany ruled in favor of the bail application, stating that the charges against the individuals were bailable. The defendants were arrested between July 22nd and 23rd, 2024, for allegedly receiving or providing terrorism training.
Their legal team, led by Erias Lukwago, presented a total of 72 sureties, including prominent figures like Dr. Kiiza Besigye and MP Denis Onekaliti. The bail application emphasized their constitutional right to bail, deteriorating health conditions while in custody, and the nature of the charges.
However, Chief State Attorney Richard Birivumbuka opposed the bail, questioning the credibility of the sureties and citing the seriousness of the charges. He argued that the sureties' letters did not confirm their permanent residences or financial capacity, and he called for stringent bail conditions if the court decided to grant bail.
After considering the arguments, the court ruled in favor of the applicants. Each was required to execute a bond of 50 million shillings non-cash and deposit their passports with the Deputy Registrar, along with restrictions on traveling outside the country without permission. They must also report to the Deputy Registrar once a month for up to six months while the state prepares for trial.
Justice Okalany noted that if the prosecution fails to commit the accused to trial within six months, they would automatically be released, along with their sureties.
The defendants had previously sought bail from the Nakawa Chief Magistrates Court, where they have been reporting as investigations continue. Lukwago highlighted the need for judicial reforms concerning the capacity of Local Council officials, criticizing the quality of their letters in the legal process.
The group was apprehended on July 23rd while attending a leadership training program at the Ukweli Pastoral and Leadership Centre in Kisumu, which was aimed at enhancing communication skills for young leaders. Reports indicate they were arrested at gunpoint and transferred to Uganda after negotiations with Kenyan security authorities, who alerted Ugandan officials about their suspicious activities.
