Kagezi Murder: Why Court Declined to Grant Bail to Nixon Agasirwe

Kampala– The High Court in Kampala has denied bail to Senior Superintendent of Police (SSP) Agasiirwe Nickson Karuhanga who is accused of murdering Senior Prosecutor, Joan Kagezi citing the gravity of the charges against him and multiple ongoing investigations into capital offences.

In a ruling delivered today , Justice Isaac Muwata of the Criminal Division ruled that releasing the applicant at this stage would pose a significant risk to the administration of justice.

Karuhanga had applied for bail pending trial on murder charges, arguing that he had spent more than 180 days on remand, had a fixed place of residence in Wakiso District, and had previously complied with bail conditions during proceedings before the General Court Martial.

Through his lawyer, Michael Akampurira, the applicant maintained that he was a law-abiding citizen with no prior convictions and presented three sureties, pledging to abide by any conditions set by the court.

However, the State, represented by the Office of the Director of Public Prosecutions through Chief State Attorney Joseph Kyomuhendo, strongly opposed the application. The prosecution argued that the accused, given the seriousness of the murder charge—which carries a potential death penalty—had a strong incentive to abscond.

The State further contended that due to his senior rank in the police force, Karuhanga was likely to interfere with prosecution witnesses, many of whom are his former subordinates.

Justice Muwata noted that while the applicant enjoys the constitutional presumption of innocence and the right to liberty, these must be weighed against public interest and the integrity of ongoing investigations.

“These active investigations create a challenge to the bail application… the sheer volume of active capital files suggests a pattern of alleged criminal conduct that the court cannot ignore,” the judge ruled.

The court also dismissed the applicant’s claim to mandatory bail under the 180-day rule, noting that the Director of Public Prosecutions had already filed an indictment and summary of evidence.

“The purpose of the constitutional 180-day threshold is to prevent the State from holding citizens indefinitely without formalizing charges for trial. By filing these documents, the State fulfilled its obligation,” Justice Muwata stated.

Court records revealed that the applicant is linked to several ongoing investigations, including cases of kidnap with intent to murder, aggravated robbery, multiple murder cases, and alleged illicit enrichment.

Justice Muwata further observed that the applicant had failed to demonstrate exceptional circumstances warranting release on bail.

“The failure to substantively explain the status of these active investigations… creates an unacceptably high risk that the interests of justice would be prejudiced by his release at this stage,” he ruled.

Accordingly, the court dismissed the bail application.

“Accordingly, the application for bail is hereby dismissed. I so order,” Justice Muwata concluded.

Karuhanga will remain in custody as he awaits trial.