The Constitutional Court has dismissed a petition seeking to abolish the use of cash bail in Uganda’s judicial system.
In a unanimous decision, a five-judge panel led by Deputy Chief Justice Dr. Flavian Zeija ruled that cash bail is not unconstitutional and remains within the discretion of judicial officers when granting bail.
Delivering the lead judgment, Justice Florence Nakachwa noted that while every accused person has a constitutional right to apply for bail, the law empowers courts to impose reasonable conditions — including cash deposits — to ensure the accused attends trial.
Justice Nakachwa emphasized that cash bail acts as a deterrent against absconding and promotes respect for the law, arguing that the potential “financial pinch” encourages obedience and discourages delinquent behavior.
The petition was filed by Amos Kuuku, an advocate, alongside Ezekiel Kasule and Frank Barnabas Kajubi, who challenged Section 78(b) of the Magistrates Courts Act and Guidelines 23 to 28 of the Bail Guidelines (Practice) Directions.
They contended that cash bail discriminates against underprivileged suspects, prolongs remand periods, and worsens prison congestion, since those unable to pay remain in custody despite being granted bail. The petitioners had asked the Court to declare cash bail unconstitutional and to order the release of all prisoners detained for failure to pay.
However, the Attorney General, represented by Richard Adrole, defended the law, maintaining that judicial officers retain full discretion to set reasonable bail terms under the Constitution.
In conclusion, the Court found the petition lacking in merit and dismissed it with no order as to costs.
