KAMPALA
The Buganda Road Chief Magistrate’s Court has ruled that a suspect’s financial standing should not be used as a barrier to accessing bail, saying such a standard would unfairly disadvantage many Ugandans.
The remarks were made by Grade One Magistrate Winnie Nankya Jatiko while granting bail to the Executive Director of the Centre for Constitutional Governance, Dr Sarah Bireete, who had spent nearly a month on remand at Luzira Prison.
Dr Bireete was arrested on December 30, 2025, and charged with unlawful disclosure of personal data, contrary to Sections 35(1) and (2) of the Data Protection and Privacy Act.
In opposing her release, the prosecution argued that Dr Bireete’s proposed sureties lacked sufficient financial capacity to guarantee her appearance in court in the event of abscondment. However, the magistrate rejected the submission, noting that requiring sureties to demonstrate substantial financial means would effectively introduce a “wealth test” into bail proceedings.
Magistrate Nankya observed that such an approach would unjustly lock out ordinary Ugandans from enjoying the right to apply for bail, especially in light of the country’s prevailing socio-economic realities.
The prosecution also argued that Dr Bireete could only rely on her medical condition as grounds for bail if the Uganda Prisons Service was unable to manage her health needs. The court disagreed, holding that the existence of medical care in prison does not automatically negate an accused person’s right to seek bail.
In her ruling, the magistrate granted Dr Bireete a Shs1 million cash bail. Her sureties; former Leader of the Opposition Winnie Kiiza, veteran media personality Joseph Beyanga, and veteran diplomat Edith Sempala, were each bonded non-cash at Shs10 million.
Court further ordered Dr Bireete to deposit her passport with the court to prevent possible flight.
She is scheduled to return to court on February 27, 2026, for further mention of the case.
