By KT Reporter
The High Court in Kampala has scheduled March 14, 2025, to hear the bail application of jailed opposition politician Dr. Kizza Besigye and his co-accused, Obeid Lutaale, who are seeking release on treason charges. According to sources who are not authorized to speak on behalf of the judiciary, Besigye’s bail application will be heard by Lady Justice Rosette Kania Comfort in the morning.
On the same day, the Nakawa Chief Magistrates Court will also hear an application from the office of the Director of Public Prosecutions, seeking permission to access, analyze, and extract data from Besigye’s and Lutaale’s phones in order to gather information relevant to the prosecution.
However, Besigye’s lawyer, Samuel Wanda, stated that matters in the High Court take precedence over those in the Magistrates Court. He added that they will inform the Nakawa Court about the bail application in the High Court. In their application, Dr. Kizza Besigye and Obeid Lutaale argue that they have been imprisoned for over 100 days, uncertain of when investigations will conclude and their trial will begin. Despite this, Besigye assures the court that he will not commit any offenses while on bail, attaching documents to show his history of returning to court as required after previous grants of bail.
He emphasizes his law-abiding nature, stating, “I have never committed any offense or been convicted in respect of any of the numerous charges that have been brought against me,” and highlights that he has faced serious charges like rape, treason, and terrorism without a single conviction. Lutaale, on the other hand, asserts that he has a fixed place of abode within the jurisdiction of the High Court. Both Besigye and Lutaale state that they have permanent residences: Besigye at Buyinja LC1, Wampeewo Ward, Kasangati Town Council, Wakiso District, and Lutaale at Kisigula Village, Mutundwe Ward, Ssabagabo, Makindye, Wakiso District.
Besigye affirms his understanding of bail’s purpose, citing his adherence to bail conditions in the past. He recalls his experience during the 2006 General Elections, when he was granted bail and abided by its conditions while managing a rigorous campaign schedule. Besigye notes that in November 2005, he was maliciously charged with treason and rape but was granted bail, which he adhered to until his acquittal on the rape charge.
Despite his busy election campaigns in 2006, he consistently reported to court as required. After the 2016 general elections, Besigye was again charged with treason on May 13, 2016, and later applied for bail, which was granted on July 12, 2016. He complied with all conditions until the case was withdrawn by the State in 2019 without prior notice. Besigye’s consistent compliance with bail conditions is also supported by evidence presented in the High Court.
In addition to these high-profile charges, Besigye mentions numerous other malicious charges in various Magistrates Courts since 2005, all of which he has complied with. Both Besigye and Lutaale inform the court that several substantial individuals are willing to stand as sureties for them. Besigye filed a 79-page application detailing his history of compliance with the law and his commitment to not tampering with the case upon release.
The Prosecution has not yet filed its response to the bail application. Besigye and Lutaale are jointly charged with UPDF officer Captain Denis Oola and were recently remanded until March 28, 2025, as investigations into charges of treason and misprison of treason continue. The prosecution alleges that the trio solicited firearms, logistical, and financial support and attended meetings with the intent to overthrow the Ugandan government, in cities including Geneva, Switzerland; Athens, Greece; Nairobi, Kenya; and Kampala, Uganda.
However, Besigye and Lutaale argue that they should be released from prison, citing a Supreme Court ruling that nullified the military court’s power to try them. They had been initially charged in the Makindye Military Court before the DPP took over and filed fresh charges following their arrest in Nairobi, Kenya-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
