The High Court in Kampala has denied bail to opposition politician Dr Kizza Besigye and his Personal Assistant Hajji Obeid Lutaale on grounds that they will interfere with ongoing investigations.
The Criminal Division Lady Justice Rosette Comfort Kania on Friday denied Besigye and Lutaale bail, also noting that they are charged with treason, which is the gravest offense in the laws of Uganda.
The Judge, however, acknowledged the principle of presumption of innocence and a right to personal bail. She said the right to innocence should not be used as a punishment to deny bail.
While the law doesn’t define the fixed place of the board, the law says it should be within the jurisdiction of the Court.
In respect to this case, Court has found that the places of residence for both Besigye and Lutaale fall within the jurisdiction of the Criminal Division of the High Court and they have satisfied Court on this ground based on documents and evidence presented in form of their Identification cards and letters from their respective Local Council letters.
The Judge has also ruled that the sureties proved to have understood their roles and responsibilities.
Justice Kania said the sureties for Besigye were substantial because they are close friends, and leaders in the same party, just like Besigye, and they will exert influence over him as leaders.
That the blood relationship declared by Lutaale’s sureties also admits suitability, and that the fact that they are younger than he doesn’t mean they are not substantial.
She said that setting a ground that a surety should be older than the accused is a very bad and dangerous precedent, as it would mean that older accused persons would never benefit from bail.
She also agreed, however, that Besigye is likely to interfere with the ongoing police and state investigations.
According to Kania, although the accused persons have proved all the grounds, including exceptional circumstances, investigations are still ongoing and that they are likely to interfere with them, more so the fact that this crime was committed in different countries, including Geneva, Switzerland, Athens in Greece and Nairobi, Kenya.
There were emotions at the Court as the supporters and relatives of the accused were seen shedding tears and some chanting songs.
Besigye had presented his long-time friends and legislators Ibrahim Ssemujju Nganda, the Kira Municipality MP, Muhindo Tonny Bukonzo, East County representative, Francis Mwijukye MP, Buhweju County, and Nicholas Kamara, the Kabale Municipality legislator.
Lutaale presented his wife Halima Nagitta, his brother Ssewankabo Hamza and his daughter Nanfuka Zura as his surities.
The two have been in prison since 16th November 2024 (more than 140 days) and are now charged with Treason, where the prosecution alleges that they connived with a UPDF captain, Dennis Oola, did commit acts to overthrow the government.
Dr. Kizza Besigye and Obeid Lutaale had argued in their application that they had been in prison for over 100 days at that time, and were uncertain when investigations would conclude and their trial would commence.
Despite this, Besigye assured the court that, as a law-abiding citizen, he will not commit any offenses while on bail. He attached documents to show how he has been returning to Court as and when needed after the grant of bail on several occasions as proof that he cannot abscond from trial.
Besigye highlighted his record, stating, “I have never committed any offense or been convicted in respect of any of the numerous charges that have been brought against me.”
He notes that over the years, he has faced various grave charges, including rape, treason, and terrorism, as well as many minor offenses, without a single conviction.
Lutaale, on the other hand, argued that he has a fixed place of aboard within the jurisdiction of the High Court.
Besigye and Lutaale argued that they have permanent places of abode at Buyinja LCI, Wampeewo Ward, Kasangati Town Council, Wakiso District, and Rwakabengo A, Rwakabengo Ward Southern Division, Rukungiri Municipality in Rukungiri District for Besigye and Kisigula Village Cell, Mutundwe Ward, Gombolola Ssabagab,o Makindye Wakiso District for Lutaale.
Besigye noted that he understands the purpose of bail and has consistently adhered to its conditions.
He cited his experience during the 2006 General Elections, when he was released on bail and abided by all conditions while undergoing a rigorous campaign schedule.
According to Besigye, in November 2005, he was maliciously charged with treason and rape. He says he was granted bail and abided by the conditions until his acquittal on the rape charge after a hearing of the prosecution evidence.
The court heard that even when he had a very busy election campaign in 2006, he made sure he continued to report for court as part of the bail terms.
After participating in the 2016 general elections, Besigye said he was again charged with treason on May 13, 2016, at the Chief Magistrates Court in Moroto.
He was arrested, taken to Moroto, and later charged again with the same offense at Nakawa Chief Magistrates Court. Besigye applied for bail on June 7, 2016, and was granted bail on July 12, 2016.
He abided by the conditions set until the offense was withdrawn by the State in 2019 without notification to him. This is according to Besigye’s evidence before the Criminal Division of the High Court supporting his bail application.
Besigye also noted that, apart from the capital offenses, he has been maliciously charged in various Magistrates’ Courts in Uganda since 2005. However, he consistently abided by all bail conditions set and appeared before the courts as required.
The prosecution, led by Chief State Attorney Richard Birivumbuka, asked the Court to dismiss the application questioning the suitability of the proposed sureties, citing issues with their age, authority, and financial capability.
The prosecution argued that the sureties are younger than the applicants and lack the necessary influence to ensure their appearance in court.
Additionally, the sureties failed to provide proof of financial capability, such as bank statements, to meet the terms of the bond. One of the sureties, MP Ssemujju, also has pending charges against him, which raises concerns about his suitability as a surety.
The prosecution emphasized that the offenses with which the applicants are charged are serious and impact national security, making it likely that they will abscond from bail if granted. They urged the court to dismiss the bail application, citing the need to balance the applicants’ rights with the interests of justice.
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 two, while in various cities including Geneva, Switzerland, Athens in Greece and Nairobi in Kenya, and Kampala, solicited firearms, logistical and financial support and attended meetings with intentions to overthrow the current government of Uganda.
However, Besigye and Lutaale argue that they should be released from prison since the Supreme Court’s decision nullified the military court’s power to try them.
They had been charged in Makindye Military Court before the DPP took over proceedings and levied fresh charges against them following their initial arrest from the neighbouring Nairobi, Kenya.
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