Jailed advocate Eron Kizza has been denied bail after the High Court deferred its ruling on his application to April 4, 2025.
High Court Judge Michael Elubu announced the decision following the state’s strong opposition to Kizza’s release.
During the court session on Tuesday, Kizza, who is serving a nine-month sentence for contempt of the General Court Martial, lamented that he had already spent 76 days in detention under what he termed as an illegal conviction.
His legal team, led by lawyer Nicholas Opio, presented three substantial sureties—his wife Syliva Tumwebaze, his cousin Prof. Busingye Kabumba, and friend Primah Kwagla—to support his release.
In his bail application, Kizza argued that his conviction was unconstitutional, that he had already appealed the ruling, and that his case had a high chance of success.
He also emphasized that his offence did not involve personal violence and that he had a fixed place of residence.
However, the Director of Public Prosecutions (DPP) opposed the bail, citing nine grounds. The state contended that Kizza had not presented any exceptional circumstances warranting his release, that his sureties lacked substantial control over him, and that there was no delay in handling his appeal.
The DPP also emphasized that Kizza’s conviction was lawful under Sections 169 (1)(g) and 211(9) of the Uganda Peoples’ Defence Forces Act, Cap 330.
“The applicant, being an advocate, should have upheld court decorum. His conviction is necessary to protect the integrity and decorum of court processes,” the DPP argued.
Chief State Attorney Joseph Kyomuhendo further insisted that Kizza’s appeal was misplaced, as the Court of Appeal lacked jurisdiction over his case.
Instead, he maintained that Kizza should seek redress before the Court Martial Appeals Court, not the High Court.
Kizza’s conviction stems from a January 7, 2025, incident where he was accused of professional misconduct while representing opposition politician Dr. Kizza Besigye at the General Court Martial.
He was summarily convicted by Brig Gen Robert Freeman Mugabe and sentenced to nine months at Kitalya prison without a hearing.
Despite Kizza’s reliance on a Supreme Court ruling that civilians should not be tried in military courts, the state argued that this precedent did not apply to contempt of court cases under the UPDF Act.
As a result, Kizza remains in custody as the court prepares to issue its final ruling on April 4.
