The Uganda Law Society (ULS) has come out strongly against Judge Rosette Comfort Kania, accusing her of breaking the law when she denied bail to opposition leader Dr. Kizza Besigye and co-accused Hajji Obeid Lutale on April 11, 2025.
In a strongly worded statement, the ULS said the two had fulfilled all the legal requirements for bail, but Judge Kania denied them their right without any valid legal basis. They described her actions as a clear case of judicial misconduct and a dangerous distortion of well-established bail principles.
Judge Kania justified her decision by suggesting the accused might interfere with investigations and that keeping them in custody was somehow in their best interest. The ULS, however, dismissed this reasoning as paternalistic and baseless, stating it was more about personal opinion than the law.
“This is judicial overreach,” said Asiiimwe Anthony, Vice President of the Uganda Law Society. “She didn’t follow legal precedent and failed to quote any law to support her decision. Her actions undermine the rule of law and public trust in the justice system.”
The ULS referred to multiple court cases—including Besigye v DPP, Tumusabe v Attorney General, and Aharikundira v Uganda—which clearly outline how judicial discretion should be used, especially in bail matters. They warned that Judge Kania’s decision compromises justice and fairness.
In response, the ULS pledged to take the matter further, saying it will formally report Judge Kania to the Judicial Service Commission. They also urged Besigye’s legal team to immediately reapply for bail and called on the High Court to prioritize related urgent cases, including the stay of execution request by President Isaac Ssemakadde and the habeas corpus for Advocate Eron Kiiza.
“This is not just about Dr. Besigye. It’s about protecting the justice system for everyone,” the ULS emphasized. “Justice delayed is justice denied.”
The case has stirred public outrage, especially among those who see the denial of bail as politically motivated. For now, all eyes remain on how the courts will respond to the growing pressure and whether Judge Kania will be held accountable.
