Lawyer Tresford Chali has today petitioned the Attorney General Mulilo Kabesha in the High Court, challenging the constitutionality of the recent amendments to the Criminal Procedure Code Act No. 4 of 2026.
In the petition, Mr. Chali is seeking judicial intervention over the validity of the amended provisions, arguing that the changes which make offences such as rape, defilement and incest non-bailable contravene several provisions of the Constitution.
Mr. Chali contends that the removal of bail infringes on fundamental rights, including the right to liberty, the presumption of innocence, and protection from inhuman or degrading treatment.
He further argues that the amendment restricts freedom of movement and association, and could lead to prolonged pre-trial detention without trial.
Mr. Chali also raises concern that the law does not provide for expedited trial mechanisms, which may result in extended detention periods without compensation for affected individuals.

He is now asking the High Court to declare that the provisions removing bail for the specified offences are unconstitutional and therefore void to the extent of their inconsistency with the Constitution.