Over Shs54bn bail fees lying idle in judiciary accounts

Kampala, Uganda: Members of Parliament on the Public Accounts Committee (PAC) have raised concern over more than Shs54 billion in unclaimed bail fees and security deposits held in Judiciary accounts, questioning delays in refunds and the manner in which cash bail is imposed on suspects.

The concerns emerged when officials from the Judiciary of Uganda appeared before the parliamentary committee to respond to queries in the 2024/25 Auditor General’s report.

PAC member Xavier Kyooma Akampurira (Ibanda North) told the committee that the Judiciary’s financial statements show that Shs16.1 billion was collected in bail fees during the financial year under review. However, at the start of the same year, the institution was already holding Shs55.8 billion in unclaimed bail deposits from previous years.

Only Shs17.5 billion was refunded during the period.

“At the beginning of the financial year, it was Shs55.8 billion, meaning that the Judiciary had it and it belonged to the claimants,” Kyooma said. “So we are talking about over Shs54 billion belonging to people, and it is not little money.”

Legislators also raised concerns about high cash bail amounts imposed on suspects, arguing that some judicial officers appear detached from the economic realities faced by ordinary Ugandans.

MP Gorreth Namugga (Mawogola) cited a case in Ssembabule where a suspect was asked to pay Shs1 million as cash bail. “Is bail a punishment? How do you classify it? You find a lay person being asked to pay high bail fees,” Namugga said. “To the public, it looks as if bail is a punishment.”

Judiciary Responds

Responding to the concerns, Acting Chief Registrar Pamella Lamunu maintained that bail is not meant to be punitive.

“Bail is the balance between personal liberty and the interests of justice. We give bail to temporarily release an accused person as the matter continues in court. So bail is not a punishment,” Lamunu said.

She explained that judicial officers have discretion to determine bail terms depending on the circumstances of each case, including whether it should be cash or non-cash bail.

Lamunu added that the Judiciary has established procedures to facilitate refunds of bail money, including applications at the courts where cases were handled and payments through bank accounts or mobile money. “It does not serve us any good to keep that money on the account. It is not our money,” she emphasised.

Call for Review of Bail Practices

However, MP Asuman Basalirwa said public concern extends beyond delayed refunds to how judicial discretion is exercised when setting bail conditions.

“You find ordinary Ugandans arrested over minor cases and they are told to pay Shs1 million. Even if the entire clan came together, they would not raise that amount,” Basalirwa argued.

Meanwhile, Judiciary Permanent Secretary Pius Bigirimana urged lawmakers to have confidence in the institution’s new leadership. He described Chief Justice Flavian Zeija as committed and capable of steering reforms despite current challenges.

“I know for sure that the new Chief Justice has been in the judicial system for some time. He knows the law and he is not a gambler,” Bigirimana said.

The PAC inquiry is expected to continue as legislators push for greater transparency, faster bail refunds and a review of bail practices to ensure fairness and public confidence in the justice system.