The judiciary has unveiled new bail guidelines aimed at promoting uniformity and consistency by courts while considering bail applications.

Launched by chief justice Alfonse Owiny-Dollo on Wednesday at the judiciary headquarters, the new guidelines require courts to consider and dispose bail applications expeditiously within 30 days from receipt of the application with the intention of reducing incidences of pretrial detention.

In the past, there was no time frame for considering and determining bail applications. While presenting the bail guideline, former Uganda Law Society (ULS) president, Francis Gimara, said that it would even take even between one and six years for a simple bail application to be disposed of in some cases.

According to the guidelines, where an offence is triable by both the High court and Magistrate's court and the accused person has been on remand for 60 days before the commencement of trial, the person shall be released on bail on such conditions that the court considers reasonable.

The same guidelines also indicate that when the offenses are triable by the High court only and an accused person has been on remand for six months before the case is committed for trial, the magistrate shall immediately refer the file to the High court for mandatory release on bail. Previously the magistrates would entertain the bail application on capital offences if an accused person clocks six months without being committed to facing trial, but the new guidelines relieve them of such powers.

The guidelines state that when granting bail, the courts will give an opportunity to a complainant to submit any information that he or she thinks should be considered by the court in making a decision. But on the issue of granting bail to capital offenders such as charges of terrorism, cattle rustling, rape, aggravated defilement, embezzlement, corruption, bribery of a member of a public body, and others where a magistrate lacks jurisdiction to try them, that person who wants bail must plead exceptional circumstances.

The exceptional circumstances listed in the guidelines, a copy of which URN has seen include having a grave illness certified by a medical officer of the prison or other institution or place where the applicant is detained as being incapable of adequate medical treatment while the applicant is still in custody.

It also requires the applicant bringing a certificate of no objection to bail signed by the Director of Public Prosecutions (DPP) and proof of infancy or advanced age. The applicant is also required to present an introduction letter from their Local Council one chairperson.

Previously, this was only required from the sureties. The guidelines drafted in a 24 paged document further say that where applicable, an asylum seeker or refugee registration documents issued by the office of the prime minister shall be among the contents of the bail application. The chief justice faulted the criminal investigation directorate of the police and the office of the DPP for stalling disposal of cases through endless investigations and adjournments respectively.

He asked the executive and parliament to intervene and strengthen the criminal investigation directorate and DPP to see that evidence is collected in time to allow cases to be heard without delay, which will reduce on the applications for bail. On his part, the principal judge Dr Flavian Zeija, who also doubles as the chairperson of the law reform committee of the judiciary, said in a speech read for him by justice Musa Ssekaana, that they did robust consultations about the guidelines before they were put in place and encouraged the courts to make good use of them for uniformity purposes.

The guidelines come at a time when the chief justice is clashing with President Yoweri Museveni over bail issues. Museveni has consistently called for the scrapping of bail for capital offenders. However, the chief justice/judiciary has insisted that bail remains a constitutional right that shall be granted at the discretion of the presiding judicial officer. - URN/The Observer

By PSCU

President Uhuru Kenyatta has urged Kenyans to embrace peace and unity at all times by shunning leaders whose main agenda is preaching divisive politics and hatred.

The President emphasized that Kenya will only continue on the development trajectory if honest leaders who stand for the truth take over from him not the “masters of doublespeak” who are driven by selfish motives.

“I want us to have leaders who will stand for justice. Let us go for leaders who are respectful and honest. The most important thing is for Kenyans to unite and uphold peace. Without peace and unity, the country will not achieve its development goals,” he stated.

“My stand, right from the beginning, has always been seeking ways of uniting the country and entrenching peace.”

President Kenyatta spoke on Wednesday after he commissioned the refurbished Nakuru Railway Station and addressed residents.

“I thank Nakuru residents for living together peacefully. All Kenyan communities live here. We don’t want to be divided, we should continue living and working together as Kenyans,” President Kenyatta said.

He said, as a peace-loving leader, his desire is to leave a country whose citizens live together peaceful regardless of their ethnic and religious background.

The Head of State said he has always been keen on ensuring inclusivity and equitable development across the country, saying it was unfortunate that the Building Bridges Initiative (BBI) that stood for those principles was shot down by deceitful politicians.

He reiterated his call to Kenyans to be keen and elect genuine leaders who will build on the country’s progress instead of those who will run it down.

Saying he harbours no ill intentions against anyone, President Kenyatta regretted that some political leaders have chosen to peddle lies at the expense of promoting the welfare of Kenyans.

Nakuru Governor Lee Kinyanjui thanked President Kenyatta for his visionary leadership that has transformed Nakuru County through projects that have uplifted the lives of the residents.

The Governor cited the refurbishment of the Nakuru Railway Station, the upgrading of Nakuru to city status and the ongoing construction of an international airport in Lanet, Nakuru city that will attract more investors.

On his part, Treasury Cabinet Secretary Ukur Yatani said President Kenyatta’s focus on equitable development has stimulated economic growth across the country.

“The Nakuru-Kisumu railway line which has not been operational for close to 13 years is now restored and fully operational. The Nakuru Railway Station is one of the many refurbished areas under the 217 kilometres Nakuru-Kisumu meter gauge railway revitalization project,” said CS Yatani.

The Cabinet Secretary expressed optimism that the refurbished railway station will restore Nakuru to its past glory.

Later, President Kenyatta chaired a meeting that was attended by leaders drawn from all Nakuru Sub-Counties led by Governor Kinyanjui. By PSCU