High Court finally ready to receive Besigye case

The High Court in Kampala has set February 25, 2025, to decide on an application seeking the unconditional release of Dr. Kizza Besigye, the former physician turned political opponent of President Yoweri Museveni. The hearing is set for midday before Dr. Douglas Singiza.

On the same day, the same judge will also hear a separate application seeking the unconditional release of lawyer Eron Kiiza, who is serving a nine-month jail term for contempt of court. Last week, Dr. Kizza Besigye’s wife, Winnie Byanyima, filed a petition at the High Criminal Division of the Uganda High Court, seeking the immediate release of her husband and his co-accused, Hajji Obeid Lutaale.

The application seeks a writ of habeas corpus, demanding that the Attorney General and Commissioner of Prisons, who are listed as respondents, produce Besigye and Lutaale before the court. Byanyima’s application details that Besigye and Lutaale were abducted from Nairobi, Kenya, on November 16, 2024, and unlawfully transferred to Uganda, where they were reportedly tortured and detained at Makindye Military Barracks.

The evidence submitted indicates that they were later charged before the General Court Martial with offenses including Treachery and unlawful possession of firearms. The defense lawyers, led by Lukwago & Company Advocates, argue that the Supreme Court’s decision on January 31, 2025, declaring the trial of civilians before the General Court Martial unconstitutional, renders Besigye and Lutaale’s detention illegal. Despite this ruling, the two have continued to be detained without a lawful remand warrant, infringing on their right to personal liberty.

The application also seeks costs and demands that the court order the respondents to produce Besigye and Lutaale for further action. Byanyima, in her affidavit, described the circumstances surrounding her husband’s abduction and detention, attaching the charge sheet and the Supreme Court’s landmark judgment in support of his release. She noted that as of February 3, 2025, Besigye and Lutaale were not produced before the General Court Martial because the court could not convene following the Supreme Court’s ruling, yet they remain on remand.

According to court records, Besigye and Lutaale were abducted from Riverside, Nairobi, during a book launch event hosted by Kenyan jurist Martha Karua. They were driven back to Uganda against their will and without due process. The prosecution alleges that Captain Denis Oula, Dr. Kizza Besigye, and Lutaale held meetings in Geneva, Switzerland, Athens, Greece, Nairobi, Kenya, and other locations, to solicit logistical support and identify military targets in Uganda, with the intent to prejudice the security of the Uganda People’s Defence Forces (UPDF).

This is not the first time Dr. Besigye has been arraigned before the Court Martial. In 2006, he was charged with Treason, rape, and concealment of treason; however, those charges were dismissed. Despite numerous charges over the years, Besigye has always accused the state of political persecution, with no convictions ever being obtained against him.

On January 31, 2025, the Supreme Court, led by Chief Justice Alfonse Owiny-Dollo, ordered that all pending trials and partly heard criminal cases against civilians, including members of the UPDF, must be transferred to civil courts with competent jurisdiction. The Attorney General has since indicated the government’s willingness to comply with this decision, although President Museveni expressed his dissatisfaction, stating that Uganda is governed by the people, not the judges.

Article 92 of the Uganda Constitution prohibits Parliament from enacting laws that retroactively alter judicial decisions in already decided cases. The decision on Besigye’s release comes shortly before President Museveni issued a press statement, emphasizing the need for a quick trial for Besigye to bring out the facts of the case. Museveni also expressed concerns over Besigye’s hunger strike, suggesting it was aimed at gaining sympathy for bail.

“I have seen the concern by some Ugandans regarding the remanding of Dr. Besigye for the very serious offences he is alleged to have been planning. If you want a stable country, the more correct question should be: ‘Naye Dr. Besigye bamukwatila ki? Why was Dr. Besigye arrested?’ The answer to that is a quick trial so that facts come out,” Museveni said. He further noted, “Otherwise, you are promoting insecurity, which is very dangerous for the country. Nobody in the world can easily give us lectures on reconciliation and forgiveness because that is part of our doctrine right from the 1960s.”

Museveni also indicated, “We are now able to remember Janani Luwum, Benedicto Kiwanuka, Kiingo Chemonges, Edward Mutesa, etc.” Buganda Road Court will also decide on another application seeking the unconditional release of Besigye on February 20, 2025. This decision comes amid growing legal battles, protests, and mounting pressure from both national and international communities.