KAMPALA – The Constitutional Court in Kampala has heard a petition challenging the constitutionality of cash bail, which petitioners argue has remained a significant human rights barrier for decades. A panel of five justices, chaired by Deputy Chief Justice Dr. Flavian Zeijah, heard the case and adjourned it pending a ruling on notice.
According to Amos Kuku, a public interest lawyer, the petition argues that cash bail is unconstitutional and contravenes several articles of the Constitution. “Our petition challenges the constitutionality of cash bail, which we believe is a significant obstacle to justice, particularly for ordinary Ugandans,” Kuku said.
Kuku cited the example of Eron Kiiza versus Uganda, where the court demanded a cash bail of 20 million shillings, which is unaffordable for many Ugandans. “In Uganda, where the per capita income is roughly $2, demanding cash bail can be a major hindrance to accessing justice,” he said.
The petition seeks the complete abolition of cash bail and the adoption of alternative measures, such as non-cash bonds and sureties. Kuku argued that these alternatives can ensure that accused persons appear in court without imposing undue financial burdens on them.
The judiciary has itself acknowledged that cash bail is not an effective tool for ensuring compliance, with over 26 billion shillings stuck in judicial accounts. Kuku also cited cases where accused persons have absconded despite paying cash bail, highlighting the need for a more effective approach.
“We hope that the Constitutional Court will provide guidance on this matter and harmonize the law to ensure that justice is accessible to all, regardless of their financial standing,” Kuku said.
This is not the first time the issue of cash bail has been challenged in court. In June 2022, Justice Michael Elubu revised the Shillings 30 million cash bail fees slapped against Dr. Kizza Besigye, saying that the conditions were harsh and excessive. Similarly, in April 2025, Justice Elubu granted bail to prominent human rights lawyer Eron Kiiza, setting a Shs 20 million cash condition for his release.
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