The Director of Public Prosecutions (DPP), Jane Frances Abodo, has opposed the bail application of jailed lawyer Eron Kiiza, arguing that the nature of his conviction warrants his continued detention.
Kiiza was found guilty of contempt of court and sentenced to nine months in prison by the General Court Martial, chaired by Brigadier Robert Freeman Mugabe, on January 7, 2025.
About three weeks ago, Kiiza applied for bail, citing several reasons, including his fixed place of residence in Central Kiwatule Zone, Kiwatule Ward, Nakawa Division, Kampala City, which falls within the jurisdiction of the High Court.
He also assured the court that he had three substantial sureties willing to stand for him: his wife, Sylvia Tumwebaze, the Archives and Data Manager at Hima Cement, and two lawyers—Dr. Busingye Kabumba, a Lecturer of Law at Makerere University, and Primah Kwagala, the Executive Director of Women’s Probono Initiative.
Kiiza, a father of three children aged between four and ten, argued that his continued imprisonment would negatively impact both his parental and professional responsibilities.
As the sole partner at Kiiza & Mugisha Company Advocates, he emphasized that his firm’s operations depended on him. He also requested bail on grounds of good conduct and the high likelihood of success in his pending appeal.
DPP’s Opposition to Bail
In response, Chief State Attorney Joseph Kyomuhendo, representing the DPP’s office, argued in an affidavit that Kiiza, as an advocate, should have upheld court decorum and acted in a manner befitting his professional standing.
He contended that Kiiza’s conviction was necessary to protect the integrity of court proceedings and justified a restrictive approach to bail.
The prosecution presented 11 grounds opposing the bail application, asserting that Kiiza had not provided sufficient proof of his claims. Kyomuhendo further argued that the Supreme Court’s ruling in Constitutional Appeal No. 02 of 2021—relied upon by Kiiza’s legal team—only applied to civilians tried under Section 119(1)(g) (now Section 117(1)(g)) of the UPDF Act and did not extend to advocates found in contempt of court under Sections 169(1)(g) and 212(9) of the same law.
Additionally, Kyomuhendo dismissed Kiiza’s sureties as insubstantial, pointing out that they lived in different locations and had no direct control over him.
“All three sureties do not provide evidence of their tenancy or ownership status, and their separate residences make it difficult for them to ensure his court attendance,” he stated.
The prosecution also argued that Kiiza’s appeal had no realistic chance of success, as the High Court lacked jurisdiction to hear the matter. Instead, they insisted that his appeal should be handled by the Court Martial Appeals Court. “The applicant was convicted and sentenced in accordance with the law, and this court lacks jurisdiction to grant bail pending appeal before the Court Martial Appeals Court,” Kyomuhendo asserted.
Furthermore, the DPP dismissed Kiiza’s claim that court backlog would significantly delay his appeal, maintaining that the High Court has a commendable record of case disposal. As a result, the prosecution urged the court to deny bail in order to uphold the integrity of judicial processes.
Circumstances of Kiiza’s Conviction
Kiiza was convicted on January 7, 2025, while representing Dr. Kizza Besigye and Hajji Obeid Lutaale. According to his affidavit, as he approached the bar to fulfill his duties as an advocate, armed military personnel blocked his access without explanation.
He stated that when he insisted on his right to access the bar, a court clerk forcefully pushed him away before military police officers assaulted him with blows, kicks, fists, and batons.
He was then dragged from the courtroom to the dock, where he continued to be assaulted before being thrown into a holding cell, where further beatings ensued until fellow inmates intervened.
Following these events, he was convicted of contempt of court and sentenced to nine months in Kitalya Min-Max Prison, of which he has already served over two months.
Next Steps in Kiiza’s Bail Application
Last month, High Court Civil Division Judge Dr. Douglas Singinza dismissed a habeas corpus application filed on Kiiza’s behalf, ruling that it was wrongly filed and that the court lacked jurisdiction.
His bail application is now set to be heard by Criminal Division Judge Michael Elubu on March 25, 2025.
