Court Grants Bail to Businessman Accused of Defiling Stepdaughter

The High Court in Kampala has granted Shs 2 million cash bail to businessman Hajji Ali Mwizerwa, who is accused of defiling his 14-year-old stepdaughter.

Justice Isaac Muwata, presiding over the criminal division, ruled on Thursday that the sureties presented by Mwizerwa were substantial and that the charges he faces are bailable. Mwizerwa’s sureties were each required to execute a non-cash bond of Shs 10 million.

As part of the bail conditions, Mwizerwa must deposit his passport with the court and seek permission before leaving the country. Justice Muwata warned the accused against interfering with witnesses or the victim, stating that any violation could lead to a review of the bail decision. Mwizerwa is also required to report to the court registrar on the first Monday of every month.

Following the ruling, Mwizerwa expressed his relief by bowing before the judge and smiling at supporters who attended the court session.

Background of the Case

Mwizerwa was arrested on September 30, 2024, and detained at Kajjansi and Nateete police stations before being charged with aggravated defilement and remanded to Kigo Prison on October 11. He applied for bail citing his constitutional right to presumption of innocence, lack of a prior criminal record, and health concerns, including gastric ulcers and high blood pressure.

In his application, Mwizerwa argued that the charges did not involve violence and assured the court that he would not interfere with investigations or witnesses. He also highlighted the mental, psychological, and financial strain his family has endured since his arrest.

Prosecution’s Opposition

The Director of Public Prosecutions (DPP), through state attorney Timothy Amerit, opposed Mwizerwa’s release on grounds of the gravity of the charge, which carries a maximum penalty of death. The prosecution argued that Mwizerwa posed a flight risk due to his multiple residences in rural Uganda and Juba, South Sudan.

The DPP also cited concerns about public safety, noting Mwizerwa’s wife and accuser, Hajjati Zuula Nakisuyi, faced an attack on October 31, 2024, by a hostile crowd blaming her for her husband’s legal troubles. The prosecution argued that Mwizerwa’s close familial ties could further compromise the victim's safety.

Court’s Decision

Justice Muwata acknowledged the prosecution’s concerns but emphasized Mwizerwa’s constitutional right to apply for bail. He granted the release under strict conditions to ensure the accused remains within the court’s jurisdiction and does not undermine the trial process.

The case has drawn significant public interest, with many awaiting further developments as investigations continue.