The High Court in Kampala has granted a Shs 2 million cash bail to businessman, Hajji Ali Mwizerwa who is accused by his wife Hajjati Zuula Nakisuyi of defiling his 14-year-old stepdaughter.
On Thursday, criminal division judge Isaac Muwata granted bail to Mwizerwa who has spent more than two months in jail after finding that the sureties he presented were substantial and that the charges were bailable by the High court. Mwizerwa ‘s sureties were asked to execute a non-cash bond of Shs 10 million.
Justice Muwata has also ordered Mwizerwa to deposit his passport in court and not leave the country without the court’s permission. According to the judge, Mwizerwa is further warned not to interfere with the state witnesses or victim, and if he does, so the court will revisit its decision.
He has also been ordered to report to the registrar every first Monday of the month. After being given bail, Mwizerwa expressed happiness and joy as he was seen bowing down before the judge and waving with smiles to scores of people who had come to follow up on his case. Last month, Mwizerwa applied for bail saying that he was arrested, charged and detained on September 30, 2024 at Kajjansi police station for seven days and later transferred and detained at Nateete police station for four days.
He said he was later arraigned in court on October 11, 2024, charged with aggravated defilement and remanded to Kigo Prison. Mwizerwa was later advised to seek bail in the High court for which he was told that he is a citizen with no prior criminal record and that there was a substantial delay in hearing his case since On October 30, 2024, the prosecution informed the lower court that investigations were ongoing.
He said his family has suffered mentally, psychologically, and financially since his arrest more than a month ago and subsequent remand to Kigo Prison. As a law-abiding citizen with a fixed place of residence in Bulenga-Kikaaya A Zone, Ssumbwe parish, Wakiso sub-county, and Bweya, Kajjansi town council, Wakiso district, Mwizerwa’s bail application is grounded on their constitutional right to presumption of innocence until proven guilty.
He said the offence charged does not involve violence, and that he cannot interfere with prosecution witnesses or investigations. He told the court that he had substantial sureties who would ensure that he complied with all bail terms. Mwizerwa also noted that his health is also a concern, as he suffers from gastric ulcers and high blood pressure, which he argued is likely to worsen if detained for an extended period.
The director of public prosecutions (DPP) had opposed the temporary release on five grounds. The DPP stated that Mwizerwa faces a charge of aggravated defilement, a serious offense that attracts the maximum death penalty and life sentence and therefore is most likely to abscond from trial once granted bail.
The DPP’s objection was based on the lack of exceptional circumstances warranting Mwizerwa’s release, his status as a flight risk due to what she describes as his transient and rural residencies, and the extreme personal violence involved in the offence. Additionally, the DPP said that the sureties presented by Mwizera were deemed insufficient as no evidence given their financial statuses, that they could fulfil bail terms.
While relying on an affidavit of Sabila Abdella, the OC CID Kajjansi police division, the prosecution emphasized that Mwizerwa’s actions justify a restrictive stance on bail, citing Ugandan case law that denies bail for capital offences to prevent risks to public safety and justice. Abdella noted that Mwizerwa’s claimed residencies in Bulenga and Bweya lack verification, and his established home in Juba, South Sudan, amplifies the risk of absconding.
Through state attorney Timothy Amerit, the prosecution also indicated that Mwizerwa’s international ties and periodic stays outside the jurisdiction also raise concerns about his commitment to remaining within the court’s reach. He also said that his wife and accuser has since expressed feelings of vulnerability and insecurity due to Mwizerwa’s close familial ties, posing an ongoing risk.
Furthermore, the wife Nakisuyi was subjected to an unprovoked attack on October 31, 2024, at Nasser road, during which she was dragged into a hostile crowd that blamed her for Mwizerwa’s legal predicament.
