MPs propose automatic bail refunds after case disposal

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The Committee on Legal and Parliamentary Affairs has proposed that bail funds be refunded immediately after an individual is acquitted by the courts.

This proposal was presented by John Teira, chairperson of the Committee, during the 4th sessional presentation of the 11th Parliament’s Budget Framework Paper for the 2025/2026 financial year on April 15, 2025.

Currently, the law requires individuals to apply and follow up to recover their bail money. However, many are unaware of this process and often move on with life once their cases are disposed of and cleared by the courts.

In a recent case, politician Kizza Besigye’s lawyer, Eron Kizza, was granted cash bail of sh20 million, while his sureties were bonded at sh50 million. Kizza had earlier been jailed by the General Court Martial for nine months.

Aggrey Maloba (not real name) shared his experience of being granted bail of sh300,000. After winning his case, he did not return to claim his refund, as his bail documents had accidentally gone through the wash with his clothes.

Maloba noted that, due to the high level of corruption, he feared that each stage of the refund process would demand a bribe to retrieve his documents. Given the high cost of travelling from Busia to Kampala, he chose to forgo the money.

“I welcome the new idea of courts paying off the people on the day they are cleared by the courts. A lot of money has been lost because people do not have the time to go through those long processes of paperwork once they are set free,” Maloba said.

Wilfred Munabi also recounted the ordeal of his grandson, Raymond Mubiru, a juvenile who was arrested by Kawala Police Post and later transferred to Mwanga Court in Mengo on charges of defilement. Mubiru was remanded to Luzira Prison.

Munabi raised concerns about the remand, given that his grandson was a minor. A production warrant was issued, and Mubiru was eventually granted bail of sh100,000 at Buganda Road Court. However, after the case was resolved, Munabi did not think to claim the bail refund.

When he eventually attempted to trace the records, he was frustrated by a lack of access to the clerk who had handled the case and abandoned the effort.

In addition to the bail refund proposal, the committee has recommended the construction of four more regional offices. This, they said, is necessary to match the expansion of the Judiciary, which now includes 25 High Court circuits. The mismatch has created operational challenges.

Teira explained that in some regions, people walk for tens of kilometres to access courts, with only one vehicle available for transport. Some areas have more than five circuits to cover, and the committee has recommended increased transport resources to improve access to justice.

The government also anticipates a surge in cases and petitions arising from the 2026 elections, which will place additional pressure on the judicial system and require a strong legal defence in court.

At present, the Ministry of Justice lacks 17 High Court circuits in various districts.