The Makindye Chief Magistrate’s Court has denied bail to People’s Front for Freedom (PFF) leader and former Kampala Lord Mayor Erias Lukwago, ruling that ongoing investigations into the treason-related case outweigh arguments for his temporary release.
The ruling is the latest development in a case that has attracted significant political and legal attention since Lukwago’s arrest and detention earlier this month, prompting condemnation from the Uganda Law Society, the East Africa Law Society, and legal bodies in Kenya.
Chief Magistrate Sarah Anne Basemera acknowledged that Lukwago suffers from several documented medical conditions, including hypertension, chronic gastritis, tinnitus and complications arising from cervical spine surgery conducted in India.
However, she ruled that those conditions could be managed while he remains in custody.
“The medical evidence undoubtedly weighs in the applicant’s favour,” Basemera noted on Tuesday, but added that there was no evidence that Uganda Prisons Service could not facilitate the specialised treatment he requires.
The court consequently directed prison authorities to transfer Lukwago to Mulago National Referral Hospital within 24 hours for a comprehensive medical assessment and any necessary treatment.
His wife and one lawyer of his choice were also granted access during the treatment process.
The ruling comes after Lukwago’s lawyers, led by Medard Ssegona, argued that his health had deteriorated during detention.
The defence told court that the veteran opposition politician had been subjected to harsh conditions during the period when his whereabouts were unknown following his arrest.
Despite accepting all three sureties presented by the defence — MPs Betty Aol Ocan, Betty Nambooze and Michael Phillip Lulume Bayiga — as substantial and suitable, the court found that investigations remain incomplete.
Prosecutors argued that the allegations span several years, involve multiple suspects, and extend beyond Uganda’s borders into Kenya.
They also contended that Lukwago’s stature as a Senior Advocate, former Lord Mayor and national political leader gives him extensive networks that could potentially affect ongoing investigations.
Basemera was careful to note that the court was not accusing Lukwago of interfering with witnesses.
“This Court makes no finding whatsoever that the applicant has interfered or intends to interfere with witnesses or investigations,” she ruled. “The Court’s concern is prospective.”
The magistrate said courts must balance an accused person’s constitutional right to liberty against society’s interest in ensuring criminal investigations are completed without avoidable risk.
The ruling mirrors arguments previously advanced by the state in the ongoing prosecution of Dr Kizza Besigye and Hajji Obeid Lutale, whom Lukwago represents as lead counsel.
Ironically, Lukwago is expected back in court on June 30 — the same day Besigye and Lutale are also scheduled to appear.
Lukwago is charged with misprision of treason, with prosecutors alleging that between 2021 and November 2024, in Kampala and Nairobi, he knew of an alleged plot involving Dr Besigye, Lutale and others but failed to report it to authorities or take reasonable steps to prevent it.
The charge has generated debate within Uganda’s legal fraternity because it arises from information Lukwago allegedly obtained while acting as an advocate.
The defence maintains that criminalising conversations between a lawyer and clients would undermine legal representation and attorney-client privilege.
