The High Court in Kampala has for the second time dismissed a bail application filed by veteran opposition figure Dr. Kizza Besigye and his aide Hajj Obeid Lutale, who stand accused of treason and misprision of treason.
Court Ruling & Reasoning
Presiding judge Justice Emmanuel Baguma delivered the ruling via email, ruling that the defendants do not qualify for mandatory bail because they have not yet completed the constitutionally required 180 days on remand before being committed to trial in the High Court. The defence had argued that the 180-day remand period should start from November 20, 2024, when Besigye and Lutale were first detained by the General Court Martial after their alleged abduction in Nairobi. Instead, the court held that the count only began on February 21, 2025, when they were formally charged at the Nakawa Chief Magistrates Court.
Because the 180-day threshold had not been reached by the time the application was lodged, the court found no legal basis for mandatory release.
Background of the Case
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Besigye and Lutale were arrested in Nairobi, Kenya on November 16, 2024, and charged by a military tribunal thereafter.
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On January 31, 2025, Uganda’s Supreme Court ruled that civilians cannot be tried by military courts, compelling their case’s transfer to the civilian judiciary.
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They were re-arraigned before the Nakawa Magistrates’ Court for treason—a capital offence—on February 21, 2025. The Independent Uganda:Reuters
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In an earlier bail bid heard in April 2025, the High Court denied bail, citing ongoing investigations and the serious nature of the charges. Monitorthenilewires.com
Implications
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Legal Precedent: The judgment underscores that remand periods for determining mandatory bail eligibility are calculated strictly from the date of formal charging in civilian courts—not earlier detention in military tribunals.
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Political Climate: As Uganda heads towards its national elections, the continued detention of a prominent opposition figure like Besigye raises concerns about political repression. His prolonged remand continues to attract criticism from rights groups and fellow opposition leaders. Reuters
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Next Moves: With bail denied yet again, Besigye’s legal team may pursue further appeals. Meanwhile, a trial date in the High Court for the treason charges is expected to be set.
At a Glance
| Aspect | Details |
|---|---|
| Defendants | Dr. Kizza Besigye & Hajj Obeid Lutale |
| Charges | Treason & Misprision of Treason |
| Court | High Court Criminal Division, Kampala |
| Judge | Justice Emmanuel Baguma |
| Legal Basis for Bail | Article 23(6)(c) Constitution – 180 days remand for capital offences |
| Start of 180-day Period | February 21, 2025 (re-arraignment at civilian court) |
| Outcome | Bail application dismissed (second time) |
