He said that since the offence of incitement to violence attracts a maximum sentence of three years in prison and a fine of Shs1.440 million, the cash bail condition cannot be set at Shs30 million which is considered too high.
“The trial magistrate correctly stated that bail terms imposed should be a safeguard that once released on bail, the accused will return for his trial. That is as it should be. However, taking all circumstances of the case into consideration, it is my considered opinion that the learned trial magistrate exercised her discretion with a material irregularity when she set the bail condition at Shs30 million. This condition was manifestly harsh and excessive. It therefore, occasioned a miscarriage of justice,” he ruled.
