The court has ordered the release of Eron Kiiza’s passport, which had been withheld under stringent bail conditions imposed in April.
On January 7, 2025, the court martial convicted Kiiza of contempt and sentenced him to nine months’ imprisonment. He appealed the conviction in both the Court Martial Appeals and the High Court; however, both appeals are still pending.
Following successful applications, Justice Michael Elubu conditionally released Kiiza on bail. One of the bail conditions required him to deposit his passport with the court. He was to apply for its temporary release should he need to travel.
Kiiza filed the current application seeking the release of his passport to enable him to travel for medical treatment, rest, and recuperation, as advised by his doctor. He stated that he had recently been using a temporary travel document within East Africa, which he found inconvenient.
“I am on the verge of missing a trip to Costa Rica scheduled for early July 2025, which is part of my recovery efforts. The delay in releasing my passport is causing me sleepless nights and worsening my trauma,” he said.
He added that the Deputy Registrar of the court advised him on June 12, 2025, to file a formal application, which he subsequently did.
The defense, led by Kyomuhendo Joseph, argued that the passport was lawfully retained due to ongoing proceedings, where Kiiza remains a convict.
“The purpose of retaining the passport is to restrict the applicant’s travel pending the outcome of his appeal. He is a flight risk, given the seriousness of the charges and the nine-month prison sentence. Releasing the passport at this stage is premature,” Kyomuhendo said.
He further argued that Kiiza’s medical claims were speculative, lacking credible, independent medical documentation, and that he had not demonstrated that appropriate treatment was unavailable in Uganda.
“Kiiza is not seeking to vary his bail terms, nor has he provided any binding recognizance, surety guarantee, or court-sanctioned bond to mitigate the risk of absconding,” Kyomuhendo submitted.
In his ruling, Justice David Matovu noted that the court martial had not imposed any additional special conditions for the release of Kiiza’s passport. He emphasized that retaining the passport was not punitive and that Judge Elubu had already provided for its release when required for travel.
The court found that the existing bail conditions were sufficient to ensure Kiiza’s return and attendance during the appeal process.
“The application is hereby allowed. The applicant’s passport shall be released to enable him to travel and receive treatment abroad. The passport must be returned immediately upon his return to the country,” Justice Matovu ruled.
