The High Court in Kampala has dismissed a bail application filed by remand prisoner Erias Lukwago, ruling that he failed to present a medical report certified by a Uganda Prisons Service medical officer to support his claim that his deteriorating health could not be adequately managed while in custody.
In a ruling delivered by Justice David Matovu, the court found that although Lukwago argued he was suffering from a serious medical condition that required specialized treatment outside prison, the evidence presented did not meet the legal threshold required for bail on medical grounds.
Lukwago had asked the High Court to review a decision of the Chief Magistrate’s Court at Makindye, which had declined to release him on bail. He relied on provisions of the Constitution, the Magistrates Courts Act and the Judicature (Criminal Procedure) (Applications) Rules, arguing that the lower court erred in rejecting his application.
The application arises from High Court Criminal Session Case No. 335 of 2025 (Uganda versus Dr. Kizza Besigye, Erias Lukwago and two others), in which the accused face charges that have remained before the courts since they were transferred from the General Court Martial following the Supreme Court’s landmark ruling that civilians should not be tried by military courts.
Lukwago told the court that his health had deteriorated while on remand and that he required urgent specialized treatment which, according to him, could not be adequately provided within the prison health system.
However, Justice Matovu said the law places a clear obligation on an applicant seeking bail on medical grounds to provide evidence from the Uganda Prisons Service confirming that the illness cannot be managed in prison.
“The Applicant did not furnish a medical report certified by the medical officer at the prison where the Applicant is held confirming that the prison medical services are not capable of treating the Applicant,” Justice Matovu ruled.
The judge noted that although the State had raised objections to the medical evidence filed by Lukwago, the court nevertheless considered the documents in determining the application.
“The State contends that the Applicant is likely to abscond, but this court accepts the submissions of counsel for the Applicant that this is rather speculative and count imputes the applicant’s antecedent to the Applicant and in any event, investigations seem to be concluded as Criminal Case No. 335 of 2025 and the first prosecution witness took the witness stand yesterday, July 29, 2026,” the judge said.
Justice Matovu, however, held that the advanced stage of the trial and the seriousness of the charges increased the likelihood that the applicant could flee if released.
“Counsel for the Respondent made one grand stand given the serious nature of the charges against the Applicant he is likely to abscond, but also finds this rather speculative as the attendance and submission in rejoinder and court finds that given the Applicant’s conduct and position of responsibility, he is not likely to leave the country,” the ruling states.
Even so, the judge concluded that the absence of the mandatory prison medical assessment was fatal to the application.
“In the final result, and considering the missing medical report duly certified by a prison authorized in law to issue such a report and also the fact that the application was filed in relation to Makindye Chief Magistrate Criminal Case No. 0762 of 2026 which case no longer exists, this court will exercise its discretion by not granting bail in order to give whichever judge that will be allocated this matter to effectively manage the case,” Justice Matovu ruled.
He subsequently dismissed the application and directed the Deputy Registrar to return the committal papers to the lower court and allocate the matter to a judge in the Criminal Division for further case management.
Lukwago has repeatedly maintained through his lawyers that his health has deteriorated during his detention and has sought access to specialized medical treatment. His legal team has argued in previous court appearances that he requires continuous medical care outside prison, while the prosecution has insisted that Uganda Prisons Service is capable of providing the necessary treatment.
