The Court of Appeal has thrown out a bail application by the two jailed National Unity Platform MPs.
Three justices of the court of Appeal including Christopher Izama Madrama, Cheborion Barishaki and Eva Luswata have instead ruled that the State starts trial into their capital offences.
The Justices explained that they can only allow an appeal and invoke their judicial powers on matters when there is a final decree by the High Court in form of either acquittal, dismissal of charges, or conviction and sentencing on charges against the accused persons.
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Mps Ssegirinya Mohammed, Kawempe North and Allan Ssewanyana, Makindye West have been jailed since September 2021 in connection to a spate of murders in the Greater Masaka area. They are facing charges of murder, attempted murder and treason.
The Mps through their lawyers Shamim Malende and Samuel Muyizzi appealed a court ruling at the Masaka High Court after Judge, Lawrence Tweyanze denied them bail on grounds that they are accused of a string of capital offenses that all attract a maximum of the death penalty.
Speaking to lawyers outside court one of the lawyers Samuel Muyizzi said they will appeal the ruling in the constitutional court because it is a right under article 23 and 28 in the supreme law of Uganda. Muyizzi says his clients have the right to liberty and a fair and speedy trial.
The implication of the decision today is that courts are actually permitted to indefinitely hold accused persons at the whims of the State.We agreed that if we lose this appeal, we will file a Constitutional Petition.
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The State, represented by Chief State Attorney Joseph Kyomuhendo and Richard Birivumbuka, maintained that the appeal case was not grounded in law.
Last week, the jailed Mps told court that Prisons Services is unable to give them specialized treatment for some of the ailments they suffer.
The court directed Prison Services to either send the two to a referral hospital, Mulago for the specialized care or bring the specialists to the Prisons to see the two accused persons.
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The Court added the treatment should be offered at least once every 7 days to ensure that the accused persons received the needed treatment.
