In a significant development, the High Court’s Criminal Division in Kampala has granted bail to prominent human rights lawyer Eron Kiiza, who has been incarcerated since January 7, 2025. Justice Michael Elubu delivered the ruling today, setting Kiiza’s bail at a cash bond of 20 million Ugandan Shillings (approximately $5,300 USD) with sureties bonded at 50 million Ugandan Shillings (non-cash). The decision comes after a contentious legal battle following Kiiza’s conviction by the General Court Martial for contempt of court, a case that has drawn widespread attention from legal, human rights, and political circles in Uganda and beyond.
Background of the Case
Eron Kiiza, a well-known advocate and partner at Kiiza and Mugisha Company Advocates, was arrested on January 7, 2025, while representing opposition leader Dr. Kizza Besigye and his aide, Hajji Obeid Lutale, in a military court hearing. The two clients faced charges of treason and misprision of treason, upgraded from earlier accusations linked to subversion and unlawful possession of firearms. During the court session at the General Court Martial in Makindye, Kiiza attempted to access the defense benches but was physically blocked by armed military personnel. According to Kiiza’s affidavit, when he demanded an explanation and insisted on his right as an advocate to access the bar, he was met with violence.
Court records and Kiiza’s testimony describe a chaotic scene where military police assaulted him with blows, kicks, and batons, dragging him from the courtroom to the dock. The assault reportedly continued in holding cells until fellow inmates intervened. Within hours, the General Court Martial, chaired by Brigadier General Robert Freeman Mugabe, summarily convicted Kiiza of contempt of court under Section 169(1)(g) of the Uganda Peoples’ Defence Forces (UPDF) Act. He was sentenced to nine months in Kitalya Mini-Max Prison without a formal reading of charges or a full hearing, a process Amnesty International labeled a “sham” that violated Uganda’s Constitution.
Legal Challenges and Supreme Court Ruling
Kiiza’s conviction sparked outrage, particularly given a Supreme Court ruling on January 31, 2025, in Attorney General v. Michael Kabaziguruka (Constitutional Appeal No. 02 of 2021), which declared that military courts lack jurisdiction to try civilians. The ruling came weeks after Kiiza’s sentencing, reinforcing arguments that his detention was unlawful. Kiiza’s legal team, led by constitutional law expert Peter Mukidi Walubiri and advocate Nicholas Opiyo, argued that the General Court Martial’s actions were nullified retrospectively by this decision, as it underscored that such courts could not guarantee a fair hearing for civilians.
Despite this, the Attorney General, represented by Senior State Attorney Johnson Natuhwera, defended the conviction, asserting that the Supreme Court’s ruling did not abolish the Court Martial and that Kiiza’s sentence under the UPDF Act for contempt was lenient compared to the possible five-year maximum. The prosecution maintained that Kiiza’s appeal should be directed to the Court Martial Appeals Court, not the High Court, and that he was not entitled to release during his ongoing challenge.
Bail Application Process
Kiiza first sought release through a habeas corpus application in the High Court’s Civil Division, but on March 4, 2025, Justice Dr. Douglas Singiza dismissed it, ruling that the case was improperly filed in the civil division rather than the criminal division, given its criminal nature. Undeterred, Kiiza appealed his conviction and applied for bail pending appeal in the High Court’s Criminal Division on March 11, 2025, before Justice Michael Elubu.
In his bail application, Kiiza highlighted his fixed abode in Central Kiwatule Zone, Nakawa Division, Kampala, and his family responsibilities as a father of three young children aged 4 to 10, arguing that his continued detention harmed both his parental duties and his law firm, where he is the sole partner. He presented substantial sureties, including his wife Sylvia Tumwebaze (Archives and Data Manager at Hima Cement), Dr. Busingye Kabumba (a Makerere University law lecturer), Primah Kwagala (Executive Director of Women’s Probono Initiative), and Anthony Asiimwe (Vice President of the Uganda Law Society).
The hearing on March 25, 2025, saw a packed courtroom with lawyers, opposition figures like Robert Kyagulanyi (Bobi Wine) and Winnie Byanyima, and supporters holding placards demanding Kiiza’s release. The Director of Public Prosecutions (DPP), represented by Chief State Attorney Joseph Kyomuhendo, opposed the bail, arguing that Kiiza failed to show exceptional circumstances, that his sureties were not substantial due to their varied locations, and that the High Court lacked jurisdiction over a Court Martial appeal. Kiiza himself addressed the court, stating, “My Lord, I have spent 76 days in illegal detention. I ask the court to put an end to this.”
Justice Elubu reserved his ruling until April 4, 2025, after reviewing written submissions from both sides.
Bail Conditions and Ruling
Today, Justice Elubu granted Kiiza’s bail, citing his constitutional right to apply for release pending appeal under Article 23 of Uganda’s Constitution and the substantial legal questions raised by his case, particularly regarding the jurisdiction of military courts over civilians. The conditions include:
- A cash bail of 20 million Ugandan Shillings.
- Sureties bonded at 50 million Ugandan Shillings (non-cash).
- Kiiza must report to the High Court Registrar on the first Monday of each month.
- Kiiza is required to surrender his passport to the court.
The ruling has been met with relief from Kiiza’s legal team and supporters, though his appeal against the conviction remains pending. “This is a step toward justice, but the fight continues to clear his name and end the persecution of lawyers,” said Nicholas Opiyo.
