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Judge Emmanuel Baguma of the High Court’s Criminal Division has dismissed the application for mandatory bail filed by opposition leader Dr. Kizza Besigye and his aide Hajji Obeid Lutale Kamulegeya, ruling that the duo had not yet met the legally required remand period.
In his 13-page ruling delivered Friday evening, Justice Baguma stated that although the defence team argued the applicants had been on remand for over 180 days by the time of filing the application, this was not supported by court records.
According to the High Court, the official remand period began on February 21, 2025, not November 20, 2024 as claimed by the applicants, who argued they were first remanded by the military court on that earlier date.
“Counsel for the applicants provided a wealth of authorities which I have closely analyzed and found them to be distinguishable from the current case before court,” Justice Baguma noted.
“While this argument may be in public domain, no record was presented before court to that effect,” he added.
Judicial Notice Not Enough
The judge acknowledged that courts may take judicial notice in certain matters but stressed that in this case, documentary evidence was essential.
“While courts have taken judicial notices in some cases, it is my considered view and opinion that judicial notices cannot extend to matters in public domain,” he ruled.
The court found no charge sheet, Court Martial file number, or remand records confirming the applicants’ earlier detention by the military tribunal.
Other Bail Factors Rendered Irrelevant
Given the failure to meet the mandatory remand threshold, Justice Baguma said it was unnecessary to consider other issues such as the substantiality of sureties or the likelihood of the applicants attending trial.
“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 in other concerns like substantiality of the sureties,” he stated.
Focus Shifts to Main Trial
Justice Baguma directed the High Court’s Deputy Registrar to prioritize hearing the main case — Session Case No. 335 of 2025 — rather than further bail applications.
“For the interest of justice for both parties, and bearing in mind the right to liberty enjoyed by the applicants, it is my considered view that priority be given to hearing the main case,” he said.
Background
Dr. Kizza Besigye — a four-time presidential candidate and long-time critic of President Yoweri Museveni’s nearly 40-year rule — and Hajji Lutale were arrested in Kenya after attending a book launch by Hon. Martha Karua. They were allegedly abducted, returned to Uganda, and initially charged before the General Court Martial with illegal possession of ammunition and attempting to overthrow the government.
Following the Supreme Court ruling in Hon. Michael Kabaziguruka’s case declaring the Court Martial’s trial of civilians unlawful, their case was transferred to civilian courts under the Director of Public Prosecutions (DPP). The charges were later amended to treason and misprision of treason.
Despite repeated efforts, the duo’s attempts to secure bail have so far been unsuccessful, and they now face the prospect of a full trial in the High Court.
