Uganda’s Justice Egonda-Ntende Raises Alarm Over Declining Bail Practices in Magistrates’ Courts

Justice Martin Stephen Egonda-Ntende, a distinguished member of Uganda’s Court of Appeal, has voiced serious concerns about what he sees as the erosion of fundamental rights within the country’s judicial system. Speaking at the World Philosophy Day Conference at Makerere University, the veteran jurist highlighted troubling trends in magistrates’ courts, particularly regarding bail procedures.

Egonda-Ntende expressed dismay at reports of accused individuals being remanded while prosecutors conduct seemingly trivial investigations—such as verifying a national identity card provided by sureties. He described such reasoning as “very funny” and a worrying departure from established legal principles.

Reflecting on his early years as an advocate, he recalled a time when courts treated bail as a fundamental right. Magistrates would carefully explain to defendants their entitlement to apply for bail, ensuring that the process respected the principles of justice.

“In a democratic society, the default position should always favor release for those charged with bailable offenses, unless there are compelling reasons to deny it,” he noted. He lamented that today, there appears to be growing hostility toward these rights.

Justice Egonda-Ntende also recounted a historical practice under Chief Justice Wako Wambuzi, where magistrates would routinely delay bail applications filed on a Friday until Monday, forcing accused persons to spend the weekend in custody. The Chief Justice eventually issued a directive forbidding this practice, mandating that judicial officers immediately grant or deny bail and provide reasons for their decision.

Now nearing retirement in six months, Egonda-Ntende plans to locate that directive and have it published through the Uganda Legal Information Institute (ULII). He believes this will serve as a reminder to the judiciary of its constitutional duty to protect the rights of all Ugandans and ensure that past lessons are not forgotten.