April 11 Set For Besigye bail

The High Court in Kampala has fixed April 11th to decide on the bail application filed by Opposition Politician Dr. Kizza Besigye and his co accused Hajji  Obeid Lutaale Kamulegeya.

Besigye and Lutaale were brought to court on Friday from Luzira prison, where they have been for more than three months and appeared before the Criminal Division Lady Justice Rosette Kania  Comfort.

The Judge directed that both Besigye’s lawyers and the prosecutors should file their written submissions with the court not later than March 31st to deliver her decision on the date she has fixed.

Justice Kania had fixed the bail application to be heard today, but the Prosecution, through  Chief State Attorneys Richard Birivumbuka and Joseph Kyomuhendo, told the Court that they were not ready to proceed.

Birivumbuka told the Judge that they were served with many affidavits in support of Besigye’s case, which he said raised serious matters, and they thus want more time to respond to them.  The court heard that the two prosecutors have many other cases to handle next week in the International Crimes Division of the High Court, and thus, the prosecutors asked for a little bit more time to do verification of the sureties by Besigye and Lutaale.

Birivumbuka and Kyomuhendo had earlier asked to be given 2 weeks so that they could prepare to represent the interests of their employer, but Justice Kania found that time so enormous and instead ordered that they file their response by Wednesday next week.

However, she ordered that the applicants who were represented by a team of lawyers led by Ernest Kalibala and Erias Lukwago should go ahead to present the sureties for their clients.

As a result, Besigye has presented his longtime friends and legislators   Ibrahim Ssemujju Nganda,  the Kira Municipality MP, Muhindo Tonny  Bukonzo East County representative,  Francis Mwijukye MP Buhweju County, and Nicholas Kamara, the Kabaale Municipality legislator.

Court has further heard that Hajji Obeid  Lutale has his wife Halima Nagitta, his brother Ssewankabo Hamza and his daughter Nanfuka Zura as his surities.

All the suritiets have been explained their responsibilities by court including ensuring that the applicants if granted bail should return to court and also ne ready to forfeit their bail bonds or be sentenced to civil prison if Dr. Besigye and Hajji Lutale abscond.

The two men have been in prison since 16th  November 2023 and are now charged with Treason, where the prosecution alleges that they connived with a UPDF captain, Dennis Oola, to avert acts to overthrow the government of UGANDA.

Besigye and Lutaale have been returned to jail until then as their lawyers proceed to Nakawa Chief Magistrates court to hear an application on with the state seeks to have access to their mobile phones.

Dr. Kizza Besigye and Obeid Lutaale say in their application that they have been in prison for over 100 days, uncertain when investigations will conclude and when their trial will commence.

Despite this, Besigye assured the court that, as a law-abiding citizen, he will not commit any offenses while on bail. He attached documents to show how he has been returning to Court as and when needed after grant of bail on several occasions as proof that he cannot abscond from trial.

Besigye highlights his impeccable record, stating, “I have never committed any offense or been convicted in respect of any of the numerous charges that have been brought against me.” He notes that over the years, he has faced various grave charges, including rape, treason, and terrorism, as well as many minor offenses, without a single conviction.

Lutaale, on the other hand, argues that he has a fixed place of board within the jurisdiction of the High Court.

Besigye and Lutaale argue that they have permanent places of abode at Buyinja LCI Wampeewo Ward Kasangati Town Council Wakiso District and Rwakabengo A Rwakabengo Ward Southern Division Rukungiri Municipality in Rukungiri District for Besigye and Kisigula Village Cell Mutundwe Ward Gombolola Ssabagabo Makindye Wakiso District for Lutaale.

Besigye says he understands the purpose of bail and has consistently adhered to its conditions.  He cites his experience during the 2006 General Elections, when he was released on bail and abided by all conditions while undergoing a rigorous campaign schedule.

Besigye argues that in November 2005,  he was maliciously charged with treason and rape. He says he was granted bail and abided by the conditions until his acquittal on the rape charge after a hearing of the prosecution evidence. Beside, even when he had very busy election campaigns in 20026, he made sure he continued to report for court as part of the bail terms.

After participating in the 2016 general elections, Besigye says he was again charged with treason on May 13, 2016, at the Chief Magistrates Court in Moroto. He was arrested, taken to Moroto, and later charged again with the same offense at Nakawa Chief Magistrates Court. Besigye applied for bail on June 7, 2016, and was granted bail on July 12, 2016. He abided by the conditions set until the offense was withdrawn by the State in 2019 without notification to him. This is according to Besigye’s evidence before the Criminal Division of the High Court supporting his bail application.

Besigye also notes that, apart from the capital offenses, he has been maliciously charged in various Magistrates Courts in Uganda since 2005. However, he has consistently abided by all bail conditions set and appeared before the courts as required.

Both Besigye and Lutaale informed the court that they have many substantial individuals willing to stand as sureties for them. Besigye filed a voluminous 79-page application detailing his history of compliance with the law and his commitment to not tampering with the case upon release.

The Prosecution has not yet filed its response to the bail application.

Besigye and Lutaale are jointly charged with UPDF officer Captain Denis Oola, and they were recently remanded until March 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, 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.

However, Besigye and Lutaale argue that they should be released from prison since the Supreme Court’s decision nullified the military court’s power to try them. They had been charged in Makindye Military Court before the DPP took over proceedings and levied fresh charges against them following their initial arrest from neighbouring Nairobi, Kenya.