Agency
The High Court in Kampala has dismissed a bail application filed by former presidential candidate Col. (Rtd) Dr. Kizza Besigye and his co-accused Hajji Obeid Lutale.
Delivering the ruling, Justice Emmanuel Baguma held that the remand period began on 21st February 2025, when the applicants were formally charged and remanded by the Nakawa Chief Magistrates Court on charges of treason and misprision of treason. The judge emphasised that by the time the application was filed on 28th May 2025, only 98 days had elapsed, which made the application premature.
“Having found that the applicants had not clocked the mandatory period, which is the bedrock of this application, I don’t find it prudent to delve into other concerns like the substantiality of sureties and ability of the applicants to return for trial,” Justice Baguma ruled.
In their affidavits, the applicants claimed they were abducted by Ugandan security operatives in Nairobi, Kenya, on 16th November 2024, where they had travelled to attend a book launch at the invitation of Kenyan politician Martha Karua. They said they were illegally transported to Uganda, detained incommunicado at Makindye Military Barracks, and later arraigned before the General Court Martial on 20th November 2024, where they were charged under the UPDF Act. They objected to the jurisdiction of the military court on the grounds that they are civilians.
They cited the Supreme Court ruling in Attorney General versus Former MP Michael Kabaziguruka, delivered on 31st January 2025, which declared the trial of civilians in military courts unconstitutional. Following this ruling, their file was transferred to the civilian court, and they were formally charged at Nakawa Chief Magistrates Court on 21st February 2025.
In court, the applicants were represented by a team of prominent lawyers led by Senior Counsel Martha Karua, Fredrick Mpanga, Eron Kiiza, Elias Lukwago, and others. They argued that their clients had been continuously detained since 20th November 2024 and had therefore spent over 180 days on remand, which entitles them to mandatory bail under Article 23(6)(c) of the Constitution.
The defence lawyers insisted that the counting of days should begin from the initial remand by the military court, arguing that the Office of the Director of Public Prosecutions (ODPP) only took over an already existing case. They further submitted that both applicants are of advanced age, Besigye being 69 and Lutale 65, and are unable to withstand prolonged detention in harsh prison conditions.
The state, represented by Chief State Attorney Richard Birivumbuka, Assistant Director of Public Prosecutions Jatiko Thomas, and Senior State Attorney Bigira George, opposed the application, arguing that the applicants were only lawfully remanded from 21st February 2025 when they were charged in the civilian court.
The state further submitted that the charges brought in Nakawa were fresh and independent from any previous court martial proceedings, and therefore, time spent under military custody could not count toward the 180-day requirement.
Justice Baguma agreed with the prosecution, ruling that no documentary evidence had been presented to show that any formal court-martial proceedings took place. He said that while claims of previous detention may exist in the public domain, the court could not rely on matters not supported by evidence properly adduced before it.
“Courts of law are guided by evidence adduced before it to determine the issues in controversy,” the judge noted, adding that judicial notice could not be extended to public narratives without official documentation.
The court also noted that the applicants were formally committed to the High Court for trial on 29th May 2025, one day after filing their bail application. As such, the issue of mandatory bail had been overtaken by events.
Although he dismissed the application, Justice Baguma ordered that the applicants’ case, registered as Session Case No. 335 of 2025, be given immediate priority for hearing. He directed the Deputy Registrar of the court to list the case without delay, citing the applicants’ right to liberty and the need for expeditious trial.
Dr. Kizza Besigye, a four-time presidential candidate and long-time critic of the government, remains on remand at Luzira Prison alongside Lutale, pending such unknown time when he will be tried with his co-accused.
This is the third time that Besigye’s bail application has been dismissed.
In April 2025, he and Lutale sought a grant of bail, but Criminal Division Judge Rosette Kania Comfort dismissed it, citing a high risk of interference with investigations and the seriousness of the treason charges.
He also sought mandatory release on bail in May before the Nakawa Chief Magistrates Court, but the same was dismissed for lack of jurisdiction since he was charged with capital offences.
Besigye and Lutaale are jointly charged with UPDF officer Captain Denis Oola, and they were recently remanded until April 28th 2025, as investigations into charges of treason and misprison of treason continue.
The Prosecutors allege that the trio, while in various cities including Geneva, Switzerland, Athens in Greece and Nairobi in Kenya and Kampala in Uganda, solicited for firearms, logistical and financial support and attended meetings with intentions to overthrow the current government of Uganda.
