Shakirah Kasoga: Uganda Court Grants Bail on Medical Grounds

• Environmental activist Shakirah Kasoga was released on court bond from Buganda Road Magistrate's Court on October 14 due to her medical condition.
• Her release by Magistrate Winnie Nankya followed her collapse during court proceedings and a subsequent court order for a medical assessment.
• Kasoga is one of ten "Rooted in Resistance" activists arrested on August 31 for protesting Uganda's oil development plans.
• Lawyers, including Kato Tumusiime, have criticized the prolonged pre-trial detention of activists, citing prison congestion and delayed investigations.
• The activists' campaign highlights significant environmental and social concerns related to projects like the East African Crude Oil Pipeline.

The successful securing of a court bond for Shakirah Kasoga on medical grounds, therefore, highlights the critical role of legal advocacy in challenging the conditions of pre-trial detention for anti-oil activists in Uganda.

Environmental activist Shakirah Kasoga was granted a court bond on October 14 by Magistrate Winnie Nankya at the Buganda Road Magistrate's Court in Uganda, following a severe medical incident. Her release was specifically due to her health condition, which became critical after she collapsed during court proceedings on the preceding Monday. This development came days after the court had issued an order for prison authorities to conduct a health assessment and submit a medical report concerning her condition, directly in response to her collapse in the dock during a hearing.

Kasoga's release on court bond, which is distinct from a grant of bail, mandates her return to court on October 19. She is expected to appear alongside nine other activists who were arrested in connection with their advocacy against Uganda's oil development initiatives. Defence lawyer Kato Tumusiime had previously highlighted the dire state of Kasoga's health to journalists, noting that her collapse underscored significant concerns regarding the conditions under which the activists were being held. He explicitly stated that Kasoga was "very unwell" and had "fainted" in court, drawing public attention to the issue.

The incident involving Shakirah Kasoga brought into sharp focus the broader legal and human rights issues surrounding the detention of activists in Uganda. Kasoga is a member of the "Rooted in Resistance" group, comprising ten individuals who were apprehended on August 31. Their arrest occurred as they attempted to march to Parliament to present a petition advocating for reforms in Uganda's oil policies and investment priorities. Lawyers representing these activists have consistently argued that citizens possess constitutional rights to peaceful assembly, freedom of expression, and the ability to petition public institutions, rights they contend were violated during the arrests and subsequent detention.

Kato Tumusiime, among other legal representatives, has voiced strong criticism regarding the extended pre-trial detention of the activists. He attributed these prolonged remands to severe prison congestion and significant delays in the prosecution of cases, particularly those involving individuals arrested during demonstrations. Tumusiime pointed out that often, investigations are not completed by the time files are sanctioned, leaving the state unprepared to proceed with prosecution. Furthermore, lawyer Doreen Namara previously accused security personnel of employing excessive force during the arrests and reported that the activists were in poor physical condition, specifically calling for medical examinations, especially for the women in detention. Earlier attempts by the defence team to secure bail were also hampered by delays, including an instance where the trial magistrate was reported to be indisposed, further prolonging the activists' incarceration.

The case of Shakirah Kasoga and her fellow activists is intrinsically linked to a wider movement challenging Uganda's ambitious oil development agenda. The "Rooted in Resistance" group and its legal counsel have consistently raised alarm over the potential environmental and social ramifications of these oil projects. A primary point of contention is the East African Crude Oil Pipeline (EACOP), a major infrastructure undertaking designed to transport crude oil from Uganda's Albertine region all the way to Tanzania's port of Tanga. Activists argue that such projects pose significant threats to local communities and ecosystems.

Beyond Kasoga's immediate group, four other "Rooted in Resistance" activists, who were arrested on August 10, are also navigating the legal system, with their next court appearance scheduled for October 26. Lawyers representing these individuals, including Kakuru Tumusiime, have similarly expressed concerns about the treatment of activists during their arrest and subsequent detention. Their collective campaign underscores a fundamental debate within Uganda as the nation pushes forward with its oil development program, including preparations for commercial production, amidst growing scrutiny over the environmental and social costs associated with these ventures. The successful securing of a court bond for Shakirah Kasoga on medical grounds, therefore, highlights the critical role of legal advocacy in challenging the conditions of pre-trial detention for anti-oil activists in Uganda.

Lawyers representing activists or individuals in pre-trial detention in Uganda should note this case as a precedent for successfully securing bail on medical grounds, and be prepared to challenge prolonged remand periods, advocate for humane treatment, and highlight issues of prison congestion and delayed investigations.

Source: Original reporting via Nile Post