The High Court has released Tumwesigye Enock after he spent over 1,500 days on remand without trial.
Tumwesigye was initially arrested on September 4, 2019, in Rubanda and charged with murder. However, the Director of Public Prosecutions (DPP) withdrew the charges on December 9, 2019.
He was re-arrested on January 1, 2021, and later arraigned before the General Court Martial on March 22, 2021, again charged with murder despite being a civilian. Since then, he remained in detention without committal for trial, surpassing four years in custody as of the date of the application.
Tumwesigye sought release on mandatory bail, arguing that his prolonged detention without trial violated his constitutional rights to liberty, a fair and speedy trial, and the presumption of innocence. He further contended that, following a Supreme Court order, the prosecution had failed to transfer his case to the civilian court as required.
“The applicant, a civilian charged before the General Court Martial proceedings that were later declared illegal by the Supreme Court has been on remand for over four years without any committal proceedings or trial. There is uncertainty as to when his file will be transferred to a civil court, and his continued detention is a violation of his rights. It is on this basis that the applicant seeks to invoke the inherent powers of this court to grant him mandatory bail,” his lawyer stated.
The prosecution opposed the application, citing the seriousness of the murder charge which carries a maximum penalty of death and argued that Tumwesigye could abscond if granted bail. They also claimed he might interfere with witnesses or obstruct justice.
However, Justice Isaac Muwata ruled that, in the absence of proof, the prosecution’s arguments were speculative and could not override Tumwesigye’s constitutional right to bail.
“I find that the respondent has failed to discharge its burden of demonstrating exceptional circumstances that would justify the continued detention of Tumwesigye. The applicant has satisfied the requirements for mandatory bail. His detention for over 1,500 days without trial or committal qualifies him to be released on mandatory bail,” the court ruled.
Justice Muwata ordered Tumwesigye to deposit a cash bail of Shs 2 million. Each of his sureties was required to execute a non-cash bond of Shs 10 million.
Additionally, Tumwesigye is to report to the Deputy Registrar of the High Court on the first Monday of every month, starting May 5, 2025, until his case is determined or further court orders are issued.
