Veteran politician and former Ethics Minister Miria Matembe has been released on bail after spending several days in custody, with court finding that she had met the legal requirements for temporary release pending trial.
The 73-year-old former member of the Constitutional Commission was granted bail after her lawyers successfully argued that she was of advanced age, in frail health, had a known place of residence and was unlikely to interfere with investigations or abscond from court.
Matembe’s release was welcomed by family members, supporters, civil society activists and opposition politicians, many of whom had condemned her arrest and detention, describing it as unnecessary given her age and longstanding public service.
Her arrest had generated widespread debate across Uganda, with critics accusing the State of targeting dissenting voices, while government maintained that no one is above the law and that criminal allegations must be determined by the courts.
Court Considers Bail Requirements
Under Uganda’s laws, bail is not an acquittal but a temporary release granted to an accused person while criminal proceedings continue.
During the bail application, Matembe’s defence team argued that she fulfilled all the legal conditions necessary for release. They presented sureties whom the court found to be substantial and capable of ensuring that she returns for trial whenever required.
The defence further submitted that Matembe is a permanent resident with a fixed place of abode, making the risk of flight extremely low.
Lawyers also emphasized that the former minister has a long record of public service spanning several decades and has consistently responded to legal processes whenever required.
Another major consideration was her health and advanced age.
The defence informed court that the 73-year-old had become physically weak during detention and required medical attention, arguing that continued incarceration would unnecessarily endanger her wellbeing.
After considering submissions from both the defence and the prosecution, the magistrate ruled that the legal threshold for bail had been satisfied and ordered her release on conditions that she reports to court whenever required.
Charges Remain
Although released from custody, Matembe still faces criminal charges before court.
Prosecutors accuse her of promoting sectarianism through statements allegedly made during public discussions concerning governance and national leadership.
The State contends that the remarks violated provisions of Uganda’s laws relating to sectarianism.
Matembe has denied the accusations.
Her lawyers maintain that the statements cited by prosecutors amounted to political opinion protected under Uganda’s Constitution, particularly the freedoms of expression and political participation.
The trial is expected to continue in the coming weeks.
Arrest Sparked Public Debate
Matembe’s arrest last week generated intense public discussion across political and civil society circles.
Human rights organisations questioned the necessity of detaining an elderly former minister who has publicly participated in national affairs for decades.
Several lawyers argued that summons to appear before investigators would have achieved the same objective without subjecting her to detention.
Others maintained that law enforcement agencies were merely carrying out their constitutional mandate by investigating complaints brought before them.
The case has also attracted considerable attention on social media, where Ugandans expressed sharply divided opinions over both the charges and the manner in which they were enforced.
Opposition Welcomes Release
Opposition leaders welcomed the court’s decision, saying it reaffirmed the importance of judicial oversight in protecting personal liberty.
Several politicians who attended the court session said Matembe’s release would allow her to prepare her defence while receiving appropriate medical care.
Among those commenting on the development was David Lewis Rubongoya, Secretary General of the National Unity Platform (NUP), who welcomed the grant of bail while criticizing the circumstances that led to Matembe’s arrest.
Rubongoya argued that Matembe, whom he described as an elderly grandmother with decades of distinguished public service, should never have been subjected to detention.
He further claimed that the prosecution stemmed from her criticism of Chief of Defence Forces Gen. Muhoozi Kainerugaba, remarks that have fuelled broader political debate surrounding the case.
Rubongoya also questioned the sectarianism charge, arguing that those in government had no moral authority to prosecute critics under such laws.
His comments reflected the position taken by several opposition figures who insist the case is politically motivated.
Government Yet to Respond
Government officials have consistently maintained that criminal cases are handled independently by investigative agencies and the courts.
Authorities have repeatedly stated that political status or previous public service cannot exempt individuals from criminal investigations where evidence is believed to exist.
Prosecutors are expected to continue presenting their case during subsequent court appearances.
The Directorate of Public Prosecutions has not publicly indicated whether it intends to oppose any future variations of Matembe’s bail conditions.
Long Political Career
Matembe remains one of Uganda’s most recognizable political figures.
She previously served as Minister of Ethics and Integrity and later became known as an outspoken advocate for constitutionalism, accountability and women’s rights.
Over the years, she has frequently criticised government policies and called for democratic reforms, making her one of the country’s most vocal public commentators.
Even after leaving elective politics, Matembe has remained active in public discourse through media interviews, public lectures and civic engagements.
Supporters say her willingness to challenge those in authority has earned her both admiration and political hostility.
Trial Continues
With bail now secured, attention shifts to the substantive hearing of the case.
Legal analysts say the proceedings could test the interpretation of Uganda’s laws on sectarianism and their relationship with constitutional protections for freedom of expression.
The defence is expected to challenge both the factual basis of the charges and their compatibility with constitutional rights, while prosecutors will seek to prove that Matembe’s statements crossed the legal threshold into criminal conduct.
For now, the former minister returns home after several days in custody, though the legal battle surrounding her remarks is far from over.
Her release marks an important procedural milestone rather than the end of the case, with both the prosecution and defence preparing for what is likely to be a closely watched trial that could have broader implications for political speech and the application of Uganda’s criminal laws.
Author Profile
- Charles Gazza Kodili is a seasoned journalist with over 20 years of experience in the media industry. He holds a Bachelor of Arts degree in Mass Communication. He’s currently the Chief Editor at the Investigator.
Charles can also be reached via; Tel: +256 774 108978
Email: [email protected]
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