The High Court in Kampala has rescheduled the hearing of the application seeking Retired Col Dr Kizza Besigye’s unconditional release to tomorrow.
The case will be heard by Dr Douglas Singiza. It had earlier been fixed for next week.
The notice signed by Registrar Kintu Zirintusa is addressed to the Commissioner General of Prisons, the Attorney General and Dr Besigye and Lutaale ‘s lawyers.
Our Reporter has learnt that the case had previously been delayed because of the lack of an extracted decree from the Supreme Court regarding its decision delivered on January 31st 2025 banning the trial of civilians from the military courts.
The decree was however issued on Monday.
Last week Dr Kizza Besigye’s wife, Winnie Byanyima, petitioned the High Criminal Division of the Uganda High Court, seeking the immediate unconditional release of her husband and his co-accused Hajji Obeid Lutaale.
In the application, Byanyima is seeking a writ of habeas corpus, which would require the Attorney General and the Commissioner of Prisons who have been listed as the only respondents to the case to produce Besigye and Lutaale before the court.
According to the application, Besigye and Lutaale were abducted from Nairobi, Kenya, on November 16, 2024, and unlawfully transferred to Uganda, where they were reportedly tortured and detained incommunicado at Makindye Military barracks.
The evidence submitted before the Court indicates that Besigye and Lutaale were later arraigned before the General Court Martial and charged with various offences, including Treachery and unlawful possession of firearms.
The lawyers led by Lukwago and Company Advocates argue that the Supreme Court’s decision on January 31, 2025, which declared the trial of civilians before the General Court Martial unconstitutional, renders Besigye and Lutaale’s detention illegal.
Despite this ruling, Besigye and Lutaale contend that they have continued to be detained without lawful excuse or valid remand warrant, infringing on their right to personal liberty.
The application also seeks costs and demands that the court order the respondents to produce Besigye and Lutaale for appropriate action.
Byanyima sworn an affidavit in support of the application, detailing the circumstances surrounding her husband’s abduction and detention.
She also attached a copy of the charge sheet and the Supreme Court’s landmark judgement to support the release of her husband.
“That on February 3rd 2025, the Applicants were never produced before the General Court Martial since the court could not convene following the Supreme Court decision but they remained on remand where they are languishing to date”, reads the affidavit.
Byanyima who describes herself as a female adult Ugandan of sound mind, Executive Director of UNAIDS (Joint United Nations Programme on HIV/AIDS), former Member of Parliament of Uganda representing Mbarara Municipality and the wife to Besigye says she has sworn an affidavit in that capacity.
The records before the Court further show that on November 16th 2024, Lutaale and Besigye were abducted from Riverside, Nairobi, Kenya where they had been invited for a Book launch by the Kenyan jurist.
Martha Karua and were driven back to Uganda against their will and without due process.
The prosecution alleges that Captain Denis Oula, Dr Kizza Besigye and Lutaale between February 2023, and November 2024, in Geneva Switzerland, Athens in Greece Nairobi in Kenya and other places in Uganda held meetings aimed at soliciting logistical support and identifying military targets in Uganda with intent to prejudice the security of the Defence Forces.
On January 31st 2025, the Supreme Court led by Chief Justice Alfonse Owiny-Dollo ordered that all pending trials, or partly heard criminal cases, that fall under the civil law courts jurisdiction, which are against civilians as well as members of the UPDF who are subject to service law must be transferred to the civil Courts with competent jurisdiction.
Following this order the Attorney General on Tuesday informed the Parliament that the government is ready to comply with the decision and has since sought the guidance of the Chief Justice on who exactly the Director of Public Prosecutions should liaise with to transfer the files.
This, even though the head of the State expressed his dissatisfaction with the decision saying Uganda is not governed by the judges but by the people who are adult enough to participate in voting.
Article 92 prohibits Parliament from enacting laws that retroactively alter or overturn judicial decisions in cases that have already been decided.
Relatedly, Buganda Road Court will decide on another application seeking to release Besigye unconditionally on February 20th 2025.
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