Judge clears his four sureties, rejects claims he could flee or interfere with witnesses, but says prison doctors must first confirm his medical condition cannot be managed behind bars
Former Kampala Capital City Lord Mayor Erias Lukwago will remain in custody after the High Court rejected his application for bail in the case where he is accused of misprision of treason.
In a detailed ruling delivered by Justice David Matovu of the High Court Criminal Division in Kampala, the court found that Lukwago had met several requirements necessary for bail, including having a permanent place of residence and presenting credible sureties.
However, the judge declined to release him, citing gaps in the medical evidence presented before court and the fact that the case had already moved from the Chief Magistrate’s Court to the High Court for trial.
Lukwago had asked the court to grant him bail pending the hearing and determination of Criminal Case No. 0762 of 2026, in which he faces charges of misprision of treason.
He was charged before Makindye Chief Magistrate’s Court on June 17, 2026, where he denied the allegations and was subsequently remanded to Luzira Prison.
His lawyers later filed a bail application, arguing that his continued detention posed a risk to his health due to several chronic medical conditions.
The former Lord Mayor told court that he suffers from hypertension, cylindrical bronchiectasis, persistent loss of smell, tinnitus, residual cervical radiculitis, gastroesophageal reflux disease and hiatus hernia.
Through his lawyers, Lukwago argued that his medical condition required specialised treatment and monitoring beyond what was available in prison.
His legal team, led by Counsel Medard Lubega Sseggona, argued that Lukwago was entitled to bail as a constitutional right because he was presumed innocent until proven guilty.
They told court that Lukwago had a fixed residence, had served in several public leadership positions, was a practising lawyer and had no reason to escape trial.
The defence also presented four sureties whom they said were capable of guaranteeing his attendance before court whenever required.
The sureties included advocate Chrisestom Katumba, Lukwago’s law partner at Lukwago & Co Advocates; Abdul Sewankambo, his biological brother; Mukono Municipality Member of Parliament Betty Nambooze Bakireke; and lawyer Moses Kasibante.
Justice Matovu found the four sureties suitable, saying they had demonstrated their ability to ensure that Lukwago appears in court.
The judge noted that the sureties had fixed places of residence and had provided local council documentation confirming their addresses.
“Given the fact that even counsel for the Respondent did not challenge their suitability, this court finds these four sureties to be substantial,” Justice Matovu ruled.
Despite the strength of the sureties, the court found that one major issue remained unresolved — Lukwago’s medical condition.
The defence relied on a report from Mulago National Referral Hospital, where a team of five consultants examined Lukwago and made recommendations concerning his treatment.
The specialists reportedly advised that Lukwago should continue receiving medical attention and undergo a spinal review by his primary surgeons in India.
However, Justice Matovu said the report needed confirmation from prison medical authorities because it was prepared following proceedings before the Makindye Chief Magistrate’s Court, which no longer had jurisdiction over the matter after Lukwago was committed to the High Court.
The judge said the court needed evidence from prison medical officers indicating whether Lukwago’s conditions could or could not be managed while in custody.
“The Applicant ought to have his medical report certified by a medical officer of the prison if this court is to rely on this medical evidence,” Justice Matovu stated.
The ruling also dealt a blow to prosecution arguments that Lukwago would interfere with witnesses or run away if granted bail.
The State had argued that Lukwago was influential because of his position as a lawyer and politician and that his release could affect the trial.
Prosecution lawyers also claimed that Lukwago knew witnesses in the case and could interfere with them.
But the High Court rejected the argument, describing it as speculative.
Justice Matovu said the court could not hold Lukwago responsible for alleged actions of an associate and noted that investigations appeared to have been completed.
The judge further observed that the first prosecution witness in the related High Court case had already testified.
The court also dismissed concerns that Lukwago could flee the country, saying his character, public record and positions of responsibility showed that he was unlikely to abscond.
The judge found that Lukwago had a fixed place of abode at Bulwa Zone, Wakaliga, Rubaga Division in Kampala, supported by local authority documentation and his national identification card.
However, the court pointed out that the bail application itself had been overtaken by developments because Lukwago’s case had already been committed to the High Court.
Justice Matovu explained that the original application was filed in relation to proceedings before Makindye Chief Magistrate’s Court, but the lower court proceedings had ended after Lukwago was committed for trial before the High Court.
The judge directed the Deputy Registrar of the High Court Criminal Division to follow up on the committal papers and ensure that the case file is allocated to a judge for further management.
The ruling means Lukwago will remain in custody as he awaits further court proceedings.
The case is connected to proceedings arising from the High Court trial involving opposition politician Dr Kizza Besigye and two others, where Lukwago had been serving as part of the defence team.
Lukwago, a long-time opposition figure and former Kampala mayor, maintains his innocence and continues to fight the charges against him.
