Kampala– Makindye Chief Magistrate, Her Worship Sarah Basemera Anne dismissed the bail application which was filed by former Lord Mayor of Kampala Hon. Erias Lukwago, seeking to be released on bail pending hearing Misprision of Treason Charges against him.
In the ruling delivered on 23rd June 2026, Via Electronic Mail, the trial Magistrate ruled that although Lukwago presented Sureties whom court found to be substantial, there are other matters that outweighed the above factor deemed it necessary not to grant the applicant bail.
“In the present application, I have found that the offence charged is one concerning the security of the State and is punishable upon conviction by life imprisonment. While the seriousness of the offence is not by itself a bar to bail, it remains a relevant consideration in assessing whether the applicant will faithfully submit himself to the jurisdiction of the Court until the conclusion of the proceedings.” Stated the trial Magistrate
Court also considered the fact that the applicant is a Senior Advocate of the Courts of Judicature, former Lord Mayor of Kampala and President of a national political organization, therefore he might be in position to influence the ongoing investigations.
“It bears emphasis that this Court makes no finding whatsoever that the applicant has interfered or intends to interfere with witnesses or investigations. The presumption of innocence remains fully intact.”
The Magistrate also pointed out, that the Court’s concern is a prospective one, whereby the administration of justice would be better served by maintaining the applicant in lawful custody until investigations attain a more advanced stage.
However, towards the Medical Condition of Counsel Erias Lukwago, court has issued orders to the Prisons Authority to ensure that the applicant’s medical condition is taken good care of while on remand.
“The interests of justice, in my considered view, are better served by declining the application while simultaneously ensuring that the applicant’s constitutional right to dignity, health and access to appropriate medical care is fully protected through suitable directions of this Court.”
The Officer in Charge of Murchison Bay Prison and the Commissioner General of Prisons shall, within Twenty-four (24) hours from the date of this ruling , facilitate the applicant’s referral to Mulago National Referral Hospital for a comprehensive medical assessment and treatment, if any, by the appropriate specialists, taking into account the medical records and reports already on the Court record.
“The Officer in Charge of Murchison Bay Prison shall ensure that the applicant continues to receive all prescribed medication and appropriate medical care pending and following the said assessment and shall implement the recommendations of the attending specialists.”
Last week, Lukwago, one of the Lawyers representing Col. (Rtd) Kiiza Besigye and his aide Hajji Obeid Lutale in treason case before High Court in Kampala, was charged with Misprision of Treason before Makindye Magistrates Court. He pleaded not guilty and applied for bail considering a number of grounds including his health condition which had deteriorated while in custody.
Prosecution contends, that Ssalongo Erias Lukwago between the year 2021 and November 2024, at various places including Nairobi in Kenya and Kampala in Uganda, knowing that Joel Wakayima, Frank Kihere Atukunda, Haiji Obeid Lutale Kamulegeya and Col. (Rid.) Dr. Kizza Besigye Kifefe intended to commit treason, that he failed to give information thereof with all reasonable dispatch to the Minister, an administrative officer, a Magistrate or an officer in charge of a police station or to use all reasonable endeavours to prevent the commission of the alleged treason.
