• Africa
    • East Africa
  • Entertainment
  • Finance
  • Business
  • Health
  • MULTIMEDIA
    • Radio
    • Television
  • E-Paper
  • Tourism
No Result
View All Result
SUBSCRIBE
  • Africa
    • East Africa
  • Entertainment
  • Finance
  • Business
  • Health
  • MULTIMEDIA
    • Radio
    • Television
  • E-Paper
  • Tourism
No Result
View All Result
No Result
View All Result
Home News

Court throws out petition contesting Magistrates’ authority to conduct hearings and grant bail!

74
SHARES
1.2k
VIEWS
Share on FacebookShare on Twitter

The Constitutional Court has thrown out a petition that contested the legality of Sections 1 and 16 of the Trial on Indictments Act, which permit Magistrates’ Courts to handle committal proceedings for capital offences before they are referred to the High Court.

You might also like

Rwenzori Sub-Region NRM Cadre Kabugho eyes Ministerial Appointment Slot

Lions Club “New Voices” Symposium Excites Masaka City Leadership

Pope lashes out at foreigners who exploit Africa

The petition, filed by Asingwire Alex Mukasa, argued that allowing such proceedings in Magistrates’ Courts—despite their lack of authority to grant bail in capital offences—violates constitutional rights to a fair and speedy trial and the presumption of innocence.

He also challenged Guidelines 10(2) and 10(3), which outline bail conditions for offences triable only by the High Court, claiming they breach Articles 2, 23(6)(b) and (c) of the Constitution and effectively alter it by adding restrictions not originally intended.

In response, the Attorney General opposed the petition, noting that the issues raised had already been resolved in earlier court decisions, and reopening them would go against judicial practice.

Delivering the lead judgment, Justice Esta Nambayo agreed with the Attorney General. She noted that the constitutionality of Section 1 was upheld in the Barihaihi v. Attorney General case, while Section 16 was already declared unconstitutional by the Supreme Court in a case brought by the Foundation for Human Rights Initiative.

Nambayo stressed that the petitioner had provided no valid reason for the court to overturn its previous decision, affirming that the Barihaihi ruling remains valid law.

Regarding Section 16, the Court explained that if Magistrates’ Courts are still applying it despite the Supreme Court’s ruling, the remedy lies in filing an enforcement application under Article 50 of the Constitution in the High Court, which has jurisdiction over such matters.

The Court also rejected claims that the bail guidelines for High Court cases are unconstitutional, clarifying that the High Court’s exclusive authority to grant bail in capital cases does not amount to a ban on bail—it simply requires that applications be made to the High Court, which has discretion to grant or deny them.

All four other justices—Irene Mulyagonja, Byaruhanga Jessy Rugyema, Ketrah Kitariisibwa Katunguka, and John Mike Musisi—concurred with Nambayo’s ruling.

Email:homelandnewspaper@gmail.com

Share30Tweet19Send
The Homeland Newspaper

The Homeland Newspaper

The Homeland Newspaper is Ugandan’s Leading independent weekly Newspaper that delivers real time news & information on Politics, Analysis,Investigations,Business,Finance

Related Posts

Rwenzori Sub-Region NRM Cadre Kabugho eyes Ministerial Appointment Slot

by The Homeland Newspaper
April 17, 2026
0
Rwenzori Sub-Region NRM Cadre Kabugho eyes Ministerial Appointment Slot

By Ambrose Gahene In a bid to benefit from the forthcoming cabinet appointments for Ministerial Position, the National Resistance Movement (NRM) Cadres; drawn from Rwenzori Sub-Region and Kasese...

Read moreDetails

Lions Club “New Voices” Symposium Excites Masaka City Leadership

by The Homeland Newspaper
April 17, 2026
0
Lions Club “New Voices” Symposium Excites Masaka City Leadership

By Ambrose Gahene Lions Club, District 411B in Partnership with Lions International Concluded a “New Voices” symposium 2026, held in Masaka City from 20-21 March 2026. The Symposium...

Read moreDetails

Pope lashes out at foreigners who exploit Africa

by The Homeland Newspaper
April 17, 2026
0
Pope lashes out at foreigners who exploit Africa

Pope Leo XIV has criticised foreigners who exploit the wealth of Africa for profit during his visit to a conflict-hit region of Cameroon. It is one of several...

Read moreDetails

Pope Criticises ‘Tyrants’ who Spend billions on wars after Trump spat!

by The Homeland Newspaper
April 17, 2026
0
Pope Criticises ‘Tyrants’ who Spend billions on wars after Trump spat!

The pontiff blasted those he said had manipulated "the very name of God" for their own gain, while touring a region ravaged by a deadly insurgency.

Read moreDetails

UCC Blocks 500 Porn Sites, Admits VPN Challenge!

by The Homeland Newspaper
April 15, 2026
0
UCC Blocks 500 Porn Sites, Admits VPN Challenge!

The Uganda Communications Commission (UCC) has directed telecommunications operators to block at least 500 websites found to be distributing pornographic content, in a move aimed at enforcing national...

Read moreDetails
Next Post
Thirteen arrested in Kagadi for forged academic papers in UPDF recruitment

Thirteen arrested in Kagadi for forged academic papers in UPDF recruitment

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Related News

No funds allocated to fight Ebola in Uganda

No funds allocated to fight Ebola in Uganda

June 20, 2019
Sheebah Raps Cindy: “You are not Fit to be Leader for Musicians”

Sheebah Raps Cindy: “You are not Fit to be Leader for Musicians”

June 11, 2022
Another boat capsized in Lake Albert Kills 30 Football players

Sony Alpha A6000, new innovation in lens.

August 15, 2021

Browse by Category

  • 2021 Elections
  • Africa
  • Agriculture
  • Analysis
  • Business
  • CLIMATE CHANGE
  • Columnists
  • Corporate Profile
  • Crime
  • Culture
  • Diplomacy
  • Economy
  • Editorial
  • EDUCATION
  • ENTERTAINMENT
  • Entertainment
  • Feature News
  • Health
  • International
  • Investing
  • Local/Government
  • News
  • Parliament
  • Politics
  • PRESS RELEASE
  • Religion
  • SECURITY
  • Special Reports
  • Sports

The Homeland Newspaper, is a product of THE HOMELAND MEDIA GROUP LTD. Uganda's Weekly Newspaper of choice. Registered by the Media Council of Uganda and Regulated by Uganda Communication s Commission [UCC] as Digital and Online Data Communication Services.
Email:homelandnewspaper@gmail.com

E-Peper

Copyright © 2006-26 homelandmedia.co.ug

No Result
View All Result
  • Africa
    • East Africa
  • Entertainment
  • Finance
  • Business
  • Health
  • MULTIMEDIA
    • Radio
    • Television
  • E-Paper
  • Tourism

Copyright © 2006-26 homelandmedia.co.ug