Wakilii

Al. Col. (Rtd) Dr. Kizza Besigye and Another v Uganda (Criminal Miscellaneous Application No. 213 of 2026)

High Court · [2026] UGHCCRD 41 · 2026 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Bail application arising from pending criminal trial
Decision
Bail application dismissed; applicants remain in custody

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

A bail application jointly filed by 13 law firms was dismissed for want of prosecution when applicants refused to proceed in the absence of two specific counsel, despite representation by multiple other advocates from the same firms. The court held that where an application is filed by 13 law firms, applicants cannot insist on the presence of one or two individual lawyers and their refusal to proceed amounted to abuse of court process.

Outcome

Bail application dismissed; applicants remain in custody

Facts

The applicants, who had been on remand for approximately 20 months in relation to Criminal Session Case No. 335 of 2025, filed a bail application jointly through 13 law firms. On 30 June 2026, the matter was fixed for hearing on 3 July 2026 in the presence of counsel for both parties, with Counsel Moses Tugume confirming readiness to receive fixtures. On the hearing date, none of the applicants' lawyers appeared. The first applicant informed the court of a crisis within their legal team that prevented them from prosecuting the application, stating they would not proceed without their lead counsel present. The applicants insisted on the presence of specific counsel despite being represented by 13 law firms comprising approximately 50 lawyers. The state opposed dismissal, arguing that the application was jointly instituted by 13 firms with similar responsibilities.

Issues

  1. Whether the applicants' bail application should be dismissed for want of prosecution when their counsel failed to appear on the hearing date despite representing them through 13 law firms.

Orders

  • The bail application is dismissed for want of prosecution.
  • The applicants should be availed with a hard copy of this ruling since they are in prison.

Rules and key headnotes

Abuse of Court Process — Failure to Prosecute — Multiple Representation
Where an application is jointly filed by multiple law firms, applicants cannot insist on the presence of one or two individual lawyers from among approximately 50 lawyers representing them and refuse to proceed in their absence, as such conduct amounts to an abuse of court process.
Dismissal for Want of Prosecution — Consent to Fixtures
Where parties consent to a hearing date through their counsel and counsel confirms readiness to receive fixtures, it is an abuse of court process for those parties to subsequently refuse to prosecute the application on the fixed date, warranting dismissal under the court's inherent powers.
Bail Applications — Duty to Prosecute
Applicants seeking bail have a duty to prosecute their application and cannot oppose their own application by refusing to proceed or present sureties when given the opportunity, regardless of the status of their preferred legal representation.

Legislation cited (7)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Al. Col. (Rtd) Dr. Kizza Besigye and Another v Uganda (Criminal Miscellaneous Application No. 213 of 2026) [2026] UGHCCRD 41 (8 July 2026)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.