KAMPALA
. Veteran politician Dr Kizza Besigye and his aide Hajj Obeid Lutale have suffered a setback in their treason case after the High Court in Kampala dismissed their application seeking release on mandatory bail.
Delivering his ruling via email on Friday , Justice Emmanuel Baguma ruled that the due has not yet spent the constitutionally required 180 days on remand before being committed to the High Court.
Justice Baguma held that the defence’s argument — that the remand period shouldn’t be calculated from November 20, 2024, when the pair were first detained at the General Court Martial, could not be sustained without evidence on record.
He instead calculated the period from February 21, 2025, when they were charged at Nakawa Chief Magistrate’s Court with treason and misprision of treason.
“The evidence available before this court to enable it calculate the time spent on remand is the lower court file from Nakawa, which shows that the charges were read to the applicants on 21 February 2025,” Justice Baguma said.
“No cogent evidence was presented to this court to prove the period the applicants claim to have spent in the General Court Martial. Courts of law are guided by evidence adduced before them.”
Besigye, a four-time presidential candidate and retired army colonel, stated in his affidavit that he and Lutale were abducted by Ugandan security agents in Nairobi on November 16, 2024, while attending a book launch at the invitation of Kenyan politician Martha Karua.
He alleged that they were transported back to Uganda overnight in disregard of legal procedures and held incommunicado at Makindye Military Barracks until November 20, when they were arraigned before the General Court Martial.
Besigye argued that their continued detention violated their rights, noting that at 69 years old, he was of advanced age and unable to endure harsh prison conditions. He further contended that he had already spent more than 180 days on remand without committal to the High Court, making him eligible for mandatory bail under Article 23(6)(c) of the Constitution.
Lutale, 65, corroborated the account, adding that their personal belongings were left behind in Nairobi during the alleged abduction. Both applicants insisted they were law-abiding citizens, pledged to comply with any bail conditions, and stressed they could not interfere with witnesses since they did not know them.
The defence team, led by Senior Counsel Martha Karua alongside Kampala Lord Mayor Erias Lukwago, Frederick Mpanga, Ernest Kalibala, and Nalukoola Luyimbazi, argued that the remand period should be counted from November 20, 2024, the date of their initial detention, regardless of the fact that they were first charged in a military court.
They cited past decisions, including Eron Kiiza v Uganda and Tumwesigye Enock v Uganda, to support their position that the court was obliged to release them once the 180-day threshold had been reached.
However, state prosecutors, led by Assistant DPP Thomas Jatiko and Chief State Attorney Richard Birivumbuka, opposed the application. They argued that the relevant period began only on February 21, 2025, when the Nakawa court assumed jurisdiction over the case, describing the charges there as “fresh charges.”
They further maintained that the Directorate of Public Prosecutions was not responsible when the case was before the General Court Martial.
Birivumbuka informed the court that the applicants faced serious charges affecting national security, with potential witnesses located in multiple countries.
He described Besigye as “confrontational,” noted a pending incitement case against him, and accused him of previously absconding from bail. The state cautioned that releasing the two could lead to witness interference and risk of flight.
Justice Baguma agreed with the prosecution’s interpretation, ruling that each case must be decided based on its own facts and that the precedents cited by the defence were distinguishable. Without an official record from the General Court Martial, the court could not backdate the remand period to November 2024.
“In view of the above, this court calculates the time spent on remand from 21 February 2025, which makes the application for mandatory bail fail. Having found that the applicants had not clocked the mandatory period, I don’t find it prudent to delve into other concerns like the substantiality of sureties,” Justice Baguma ruled.
While dismissing the application, the judge, recognising the right to liberty, ordered that their treason trial be prioritised.
“It is in the interest of justice for both parties that the main case is heard expeditiously rather than entertaining repeated bail applications,” he said.
The ruling means Besigye and Lutale will remain in Luzira Prison as they await trial on charges that, if proven, carry the death penalty.
Background
Besigye and Lutale were abducted on November 16, 2024, in Nairobi, Kenya, and remanded by the court martial on November 20, 2024.