By Ben Musanje
Former Ethics and Integrity Minister Dr. Miria Matembe has been released on bail after the Luzira Chief Magistrate’s Court ruled that the State failed to demonstrate sufficient grounds to justify her continued detention as she faces charges of promoting sectarianism.
In a detailed ruling delivered on Wednesday, the court held that although public interest is an important consideration in bail applications, it must be balanced against the constitutional presumption of innocence, emphasizing that Matembe remains innocent until proven guilty.
The court observed that the offence of promoting sectarianism carries a maximum sentence of five years’ imprisonment and found that, in the circumstances of the case, the gravity of the charge alone was not sufficient to warrant denying bail.
“The applicant remains presumed innocent until proved guilty,” the magistrate ruled, adding that the seriousness of the offence did not justify continued detention pending trial.
The ruling came after lawyers representing the 73-year-old veteran politician urged the court to release her on non-cash bail, arguing that she is a respected public figure with an established history of public service and no previous criminal record.
The court agreed with several of the defence’s submissions.
One of the prosecution’s principal objections was that Matembe had allegedly abandoned her known residence and gone into hiding. However, the magistrate rejected that argument, saying there was no sufficient evidence to cast doubt on the applicant’s fixed place of abode.
Instead, the court noted that the State possesses adequate mechanisms to monitor compliance with bail conditions and ensure that an accused person does not abscond from their known residence.
The court also rejected another key prosecution concern—that Matembe could interfere with ongoing investigations.
According to the ruling, the prosecution failed to place before court any evidence indicating that the former minister was likely to tamper with witnesses, obstruct investigations, or interfere with the administration of justice if released.
The magistrate found no factual basis for denying bail on those grounds.
The court further considered Matembe’s personal circumstances, including her age.
Referring to the charge sheet filed by the prosecution, the magistrate noted that Matembe is 73 years old. The court cited Supreme Court precedent recognizing persons aged 50 years and above as being of advanced age, concluding that this factor weighed in favour of granting bail.
Her record also featured prominently in the ruling.
The magistrate observed that no evidence had been presented showing that Matembe has a previous criminal record.
The defence had argued that she is a nationally known public figure with deep roots in Uganda’s public life, and the court accepted that submission as one of the considerations supporting her release.
The court also evaluated the four individuals presented as sureties.
Drawing guidance from an earlier decision in the Besigye bail case, the magistrate found that the proposed sureties were substantial persons capable of ensuring Matembe’s attendance whenever required.
The sureties included Amuru District Woman Member of Parliament Ruth Akello, Rushenyi County Member of Parliament Naome Kabasharira, lawyer Prima Kwagala, and Godber Tumushabe, Executive Director of GLISS and Assistant Lecturer at the Makerere University School of Law.
According to the court, the proposed sureties occupy responsible public positions, have identifiable places of work, and possess sufficient standing to guarantee compliance with the court’s orders.
Before concluding the ruling, the magistrate addressed the broader public debate surrounding the case, particularly claims by the defence that the prosecution carries political overtones.
The judicial officer stressed that courts must remain impartial regardless of the political nature of allegations brought before them.
The magistrate cautioned supporters of accused persons against attacking judicial officers merely because of decisions they disagree with. Equally, the court warned critics of accused persons against expecting courts to keep individuals in detention where they are legally entitled to bail.
In a rare personal reflection delivered in open court, the magistrate emphasized that judicial officers owe allegiance only to Uganda and the law.
Describing the responsibility of administering justice as a solemn duty, the magistrate said courts are guided by legal principles rather than political considerations or public opinion, adding a prayer for wisdom and guidance in carrying out judicial responsibilities.
The court subsequently granted Matembe bail on a non-cash bond of Shs3 million.
Each of her four sureties was also ordered to execute a non-cash bond of Shs3 million.
As part of the bail conditions, Matembe was directed to refrain from making sectarian statements and to continue reporting to court as required throughout the trial.
Earlier during the proceedings, the application for bail had been presented by Uganda Law Society Vice President Anthony Asiimwe, who described Matembe as a distinguished public servant and legal practitioner with decades of national service.
The defence told court that Matembe had served as Minister for Ethics and Integrity, Member of Parliament, delegate to the Constituent Assembly, member of the Constitutional Commission, founding member of the Pan-African Parliament and a longstanding advocate for women’s rights, constitutionalism and good governance.
Her lawyers also informed the court that she was enrolled as an advocate in 1979, holds a Doctor of Laws degree, and played a significant role in Uganda’s constitution-making process.
Initially, the defence had sought Matembe’s release on her own recognizance, arguing that she did not wish to expose family members, friends or associates to continued harassment by requiring them to stand as sureties.
Lawyer Steven Kalali further informed the court that armed men had allegedly raided Matembe’s residence in Luzira on June 23, although four prominent individuals were ultimately presented as sureties in support of the application.
The prosecution had requested additional time to prepare its response before arguing against the bail request.
With Wednesday’s ruling, Matembe will remain out of custody as criminal proceedings against her continue before the Luzira Chief Magistrate’s Court. The case now proceeds to the next stage of trial, where the prosecution will be required to prove the allegations of promoting sectarianism beyond reasonable doubt. (For comments on this story, get back to us on 0705579994 [WhatsApp line], 0779411734 & 041 4674611 or email us at mulengeranews@gmail.com).
