Court denies bail to defilement suspect

KAMPALA - The High Court in Kampala has declined to grant bail to a man from Wakiso district accused of aggravated defilement of a 16-year-old girl.

Justice Flavia Nabakooza, sitting at the Entebbe High Court on September 11, 2025, rejected Patrick Lubega’s application for bail.

Lubega, who faces charges under Section 116 (3) and (4) of the Penal Code Act, Cap 128, told court that he suffers from a health condition requiring constant medical attention.

He asked to be released on bail pending trial. His case is yet to be fixed for hearing.

Prosecution alleges that on September 3, 2024, Lubega performed a sexual act with the minor.

He was arrested on September 14, 2024, and later committed to the High Court on March 24, 2025. On July 17, 2025, he applied for bail under Article 23 (6) (a) of the Constitution and provisions of the Trial on Indictments Act.

Through his lawyers, Peruth Nshemerirwe and Fredrick Muwanguzi, Lubega argued that he has a constitutional right to bail, a fixed place of abode in Kajjansi, and substantial sureties.

He presented national identity cards and local council introduction letters for two sureties, Robert Kironde and Godfrey Yiga.

The defence further submitted that Lubega suffers from an ailment they described as an exceptional circumstance warranting bail.

They added that he is the sole breadwinner for his wife and school-going children, and his continued detention has left the family without support. They also argued that his case had not been cause-listed three months after committal, despite being bailable.

However, the application was opposed by the prosecution, represented by state attorney Gladys Anzoyo and supported by an affidavit sworn by chief state attorney Annet Nabulobi.

The State argued that Lubega had not proven permanent residence since he presented no evidence of property ownership or utility bills.

They further submitted that aggravated defilement carries a maximum sentence of life imprisonment, making him a flight risk once released.

Prosecution also dismissed the sureties as insubstantial, noting that they had not shown any assets that could be forfeited if the accused absconded.

They added that Lubega had not provided a certified medical report proving that his condition could not be managed in prison.

The State further alleged that the accused had attempted to force the victim into marriage and had engaged in repeated sexual acts with her, making him likely to interfere with witnesses if released.