By KT Reporter
Dr Kizza Besigye and three human rights defenders have petitioned the East African Court of Justice, challenging his alleged unlawful arrest, detention, and trial before the General Court Martial in Makindye.
The defenders and lawyers are Andrew Karamagi, Godwin Toko and Anthony Odur.
The four petitioners have listed the government of Uganda and the Government of Kenya as the only respondents to their petition filed before the Kampala Sub Registry of the East African Court of Justice.
According to the petition, Besigye and Obeid Lutaale Kamulegeya were arrested on November 16, 2024, by Ugandan security operatives with the aid of Kenyan security agencies. They were then driven through the Uganda-Kenya border post of Malaba and returned to Uganda against their will, without following due process.
The petitioners claim that this extraterritorial abduction and extraordinary renditioning of the civilian duo from Kenya to Uganda was unlawful and contrary to the Treaty for the Establishment of the East African Community.
The petitioners further claim that their detention in an ungazetted military detention facility for civilians was contrary to various articles of the Ugandan Constitution, including Articles 20(2), 23, 24, 28, 29, 38, 42, 43, 44, 45, 208(2), 209, and 210.
They contend that were held incommunicado for more than 48 hours in Makindye Military Barracks, which is not a gazetted detention facility for civilians.
On November 20, 2024, Besigye and Kamulegeya were arraigned in the General Court Martial at Makindye, Kampala, and charged with four counts of offences, including offences relating to security and unlawful possession of firearms and ammunition. The Court Martial remanded them to Luzira Maximum Security Prison.
The petitioners argue that the trial of civilians in a military tribunal is unfair, illegal, and arbitrary, and contrary to the principles of equality, accountability, and rule of law enshrined in the Treaty.
The petitioners claim that the trial is in contempt of the December 15, 2022, orders of the Constitutional Court of Uganda, which barred the trial of civilians in military courts. They argue that the military tribunal’s jurisdiction is limited to trying military personnel and not civilians and that the trial of civilians in a military tribunal violates the principles of good governance, democracy, and the rule of law.
They are seeking several declarations, including that their military detention and trial were unlawful, and that the trial of civilians in military courts violates the principles of good governance, democracy, and the rule of law. They also seek a declaration that the impugned conduct of the security agencies of the Kenyan government in aiding and abetting the extraterritorial abduction of the civilian duo from Kenya to Uganda was unlawful and contrary to the Treaty.
The petitioners are also seeking orders, including an order of permanent injunction stopping any trial of civilians in military courts in Uganda, and compensation of USD 100,000 (more than 360 million Ugandan shillings) for the two civilian victims. They further seek an order directing the Respondents to take all necessary measures to ensure that civilians are not tried in military courts in Uganda.
They argue that the Respondents’ actions have breached various provisions of the Treaty, including Articles 6(d), 7(2), and 8(1)(c), which obligate Partner States to abide by the principles of good governance, including adherence to the principles of democracy, rule of law, social justice, and maintenance of universally accepted standards of human rights.
The evidence submitted before the court shows that Besigye and Lutaale were arrested while on a private visit to Kenya for the book launch event organized by Kenya’s former Minister for Justice Martha Karua.
Records show that Besigye and Kamulegeya passed lawfully through Entebbe International Airport upon clearance by the Ugandan government’s immigration authorities before they flew from Uganda to Nairobi on Saturday, November 16th 2024 at the invitation of Martha Karua.
Further, before reaching Nairobi, they were lawfully cleared by the immigration authorities at Jomo Kenyatta International Airport.
“The impugned military abduction and forced rendition unmistakably violated international law and sidestepped the 2nd Respondent’s /Kenyan Government extradition procedures and due process protections”, reads the documents.
Through their lawyers of Kizza and Mugisha Advocates, Arinaitwe Peter and Company Advocates, the applicants are also seeking a declaration that the impugned conduct constitutes political persecution and judicial harassment contrary to the principles of good governance, democracy and Rule of Law vide Articles 6(d), 7(2) and 8(1)(c) of the Treaty.
Lawyer Eron Kiiza says they are also seeking an injunction permanently restraining the government of Kenya in engaging, aiding or tolerating what they describe as forceful removals or abductions of foreigners from Kenya’s territory without following due process of the law.
The petition is supported by an affidavit of Lawyer Karamagi who argues that the principle of Separation of powers enshrined in the Ugandan constitutions is a cornerstone of democratic society designed to prevent the abuse of power and protect individual liberties.
“Trying civilians in military courts by concentrating excessive power in the executive arm of government which controls the military tribunals has restricted public access which undermines the tenets of a fair trial”, reads Karamagi’s affidavit.
Kenyan and Uganda have been ordered to file their defence to these accusations within 45 days from today-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
