High Court to decide on Besigye’s bail application
Dr. Kizza Besigye (R) and Lutale
By Our reporter
KAMPALA – The High Court in Kampala has set Friday to deliver its ruling on a fresh bail application filed by opposition politician Dr. Kizza Besigye and co-accused Obeid Lutale, who are seeking release on mandatory bail.
The date was fixed by Justice Emmanuel Baguma of the Criminal Division of the High Court following an entire day of submissions by both defence and prosecution lawyers.
Dr. Besigye and Lutale have been in detention since November 20, 2024, after their arrest in Nairobi, Kenya, on November 16, 2024. They were initially arraigned before the General Court Martial (GCM) on November 24, 2024, and charged with offences related to national security, which attract the death penalty upon conviction.
Their lawyer, Fredrick Mpanga, argued that the two applicants are entitled to mandatory bail under Article 23(6)(c) of the Constitution, which states that a person charged with a capital offence and held on remand for 180 days without being committed to the High Court is entitled to be released on bail.
Mpanga told the court that although the applicants were re-arraigned and charged with treason before the Nakawa Chief Magistrate’s Court on February 21, 2025, the period of remand should be calculated from November 20, 2024, when they were first remanded by the military court. He emphasised that there was no break in their detention and no moment at which they regained liberty.
He further submitted that the 180-day limit expired on May 19, 2025, and the bail application was filed on May 28, 2025, making it the 190th day in custody, thereby making their continued detention unconstitutional. Mpanga relied on past rulings from Justices Michael Elubu and Jane Muwata, who held in similar cases that the remand clock starts from the date of first detention, even when charges are later transferred to civilian courts.
Mpanga added that the argument that the charges at the GCM and those before Nakawa are different is misleading since both sets of charges attract the same penalty of death, and the facts underlying them are the same. He asserted that the state cannot change the forum of prosecution and expect the remand period to start afresh.
He urged the court not to reward the state for violating constitutional rights, arguing that the continued detention of the applicants beyond the 180-day threshold is illegal and unconstitutional. He emphasised that once that threshold is crossed, the only question for the court to consider is whether the applicants are likely to abscond, and if not, then they must be released on such conditions as the court deems reasonable.
The State, represented by prosecutors Richard Birivumbuka and Thomas Jatiko, objected to the application, arguing that the applicants are not law-abiding citizens and pose a flight risk.
Relying on an affidavit sworn by Detective Senior Superintendent of Police Ronald Were, the prosecution claimed that Dr. Besigye has a pending case of incitement to violence before the Buganda Road Court, committed while out on bail, and a history of defying court processes.
Were’s affidavit also cited Besigye’s alleged past conduct, including absconding from court in 2017, undermining judicial officers in the media, and using his political influence to ridicule the justice system and intimidate witnesses. The State argued that the charges now faced are grave, cross-border in nature, and involve potential threats to national security, thus warranting continued detention.
However, Mpanga dismissed the State’s objections as speculative and unsupported by evidence, stating that mere allegations without proof cannot override a constitutional right to mandatory bail. He said the burden is on the State to demonstrate compelling reasons to deny bail and that the applicants have met the constitutional threshold for release.
In the alternative, Mpanga argued that even if the court were to accept the State’s position that the 180-day period began on February 21, 2025, the applicants still qualify for discretionary bail based on exceptional circumstances, including advanced age, which the prosecution has conceded. He reminded the court that Dr. Besigye has faced numerous grave charges in the past and has never absconded, with his sureties never penalised and his previous charges dismissed.
The defence also presented substantial sureties, including MPs Ibrahim Ssemujju Nganda, Harold Tonny Muhindo, Nicholas Thaddeus Kamara, and former MP Phillip Wafula Oguttu for Dr. Besigye, and family members for Lutale — his wife, Nagitta Halima Lutale, his brother, Ssewankambo Hamza (a lawyer), and two daughters, Zurah Nanfuka and Mariam Lutale.
Lawyer Erias Lukwago emphasised that committal after 180 days does not negate the right to mandatory bail and asked the court to uphold the constitutional command without fear or influence. He urged the High Court to rise above past failures at the lower courts and deliver justice boldly.
Human rights lawyer Eron Kiiza also addressed the court, emphasising that the manner of arrest of the two accused was illegal. He described their arrest in Nairobi, Kenya, on November 16, 2024, during a book launch as an abduction.
He said the duo were detained incommunicado for four days at the Makindye Military Barracks, which amounted to psychological torture. Kiiza noted that their ordeal began with the UPDF, and all subsequent legal processes stemmed from that unlawful detention.
Kiiza argued that the entire process against Besigye and Lutale amounts to political persecution, and that mandatory bail serves to prevent precisely such abuse of detention without trial, especially for political reasons. He stated that the state’s position seeks to benefit from its illegality by denying the accused their right to liberty. He warned that the court should not be used to rubber-stamp such abuse of process and called on the judge to act courageously and independently.
He also dismissed state claims that Besigye’s political popularity could disrupt public order, arguing that popularity should not be a barrier to the enforcement of constitutional rights. He said that the state should not treat popularity as a threat but rather respect the right to liberty as a fundamental pillar of justice.
Besigye and Lutale have spent 267 days on remand, and no trial date has been set. The defence pointed out that there remains confusion over whether they were committed to the International Crimes Division or the Criminal Division of the High Court.
The ruling on the application for bail is expected on Friday, August 9, 2025.
Besigye and Lutaale are jointly charged with UPDF officer Captain Denis Oola, and they were recently remanded until April 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 and 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.
