By Kabuye Ronald
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, who are facing charges of treason and misprision of treason.
In his ruling delivered via email, Justice Emmanuel Baguma held that the application was premature, as the mandatory 180-day remand period had not yet elapsed. He noted that Besigye and Lutale were formally charged and remanded by the Nakawa Chief Magistrates Court on 21st February 2025, and the bail application was filed on 28th May 2025—only 98 days later.
“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, while attending a book launch at the invitation of Kenyan politician Martha Karua. They alleged they were unlawfully transported to Uganda, detained incommunicado at Makindye Military Barracks, and arraigned before the General Court Martial on 20th November 2024.
They challenged the jurisdiction of the military court, citing the Supreme Court’s landmark ruling in Attorney General vs. Michael Kabaziguruka (January 31, 2025), which declared the trial of civilians in military courts unconstitutional. Following this ruling, the case was transferred to the civilian judiciary, with formal charges laid at Nakawa on 21st February 2025.
Besigye and Lutale’s legal team, led by Senior Counsel Martha Karua alongside Fredrick Mpanga, Eron Kiiza, and Elias Lukwago, argued that their clients had effectively been in custody since November 2024—amounting to over 180 days. They insisted that the remand period should be counted from the initial court martial appearance, not the civilian court date.
They also cited the applicants’ advanced age—Besigye is 69 and Lutale 65—as a factor warranting release on bail due to health and humanitarian concerns.
However, the prosecution, represented by Chief State Attorney Richard Birivumbuka, Assistant DPP Jatiko Thomas, and Senior State Attorney Bigira George, countered that the applicants were only lawfully remanded from 21st February 2025. They maintained that the treason charges in the civilian court were independent and separate from any previous military proceedings.
Justice Baguma concurred with the state, noting that no official documentation had been provided to prove that a formal court-martial proceeding occurred. He stated that while the applicants’ detention in military custody may be known publicly, courts rely solely on evidence properly submitted before them.
“Courts of law are guided by evidence adduced before it to determine the issues in controversy,” the judge stated, emphasizing that judicial notice cannot extend to undocumented public claims.
The court further noted that the applicants were formally committed to the High Court for trial on 29th May 2025—just one day after filing the bail application—rendering the issue of mandatory bail moot.
Although the application was dismissed, Justice Baguma ordered that the case, registered as Session Case No. 335 of 2025, be given immediate priority for hearing. He instructed the Deputy Registrar to list the case without delay, citing the constitutional right to liberty and a speedy trial.
Dr. Besigye, a four-time presidential candidate and prominent opposition figure, remains on remand at Luzira Prison with Lutale, awaiting trial. This marks the third time his bail application has been rejected.
