Kampala– High Court judge Emmanuel Baguma has dismissed the Fourth Bail Application filed by Opposition Politician Col (retired), Dr. Kiiza Besigye and his aide Hajji Obeid Lutale facing Treason charges. In the same ruling, Baguma also declined to stay criminal proceedings against the applicants pending the hearing of their constitutional petition.
“In the final result, and for the reasons stated above, this application for stay of proceedings in Criminal Session Case No. 335 of 2025 and releasing the Applicants on bail is dismissed.
I will therefore direct that the Applicants first proceed to take plea immediately.” Ruled Court before coming up with the above decision, justice Baguma relied on several constitutional petitions like; Charles Onyango Obbo and Andrew Mwenda Vs Attorney General, Supreme Court constitutional Appeal no.2 of 2002, Geoffrey Kazinda vs Attorney General no.50 of 2012 and Isabirye Vs Attorney General and IGG, constitutional petition constitutional petition no.2 of 2007.
“In the instant application, it is not in dispute that the Applicants have petitioned the Constitutional Court directly by petition which does not warrant an ‘automatic stay’ but rather, the injunctive remedy sought in this application is discretionary and must be exercised judiciously. It is therefore not true that the stay is automatic as Counsel Erias Lukwago labored so much to convince court.”
On plea taking, Baguma noted that plea enables court to ask an accused person if he or she admits or denies the charges. “A stay of proceedings in my view even if it was to be granted, it would make sense after the Applicants have taken plea, and court is in position to know whether the accused has admitted or denied the charges other than halting plea taking.”
He therefore added that it’s in the interest of justice that the accused persons take plea, and Incase of any delay in the hearing, they have a right to apply for bail at any stage of the case.
Besigye and Lutale, through their lawyers has asked for court to grant them bail basing on grounds that they are still presumed innocent, they have substantial sureties to ensure their presence in court whenever they are required to do so, they have fixed places of abode within court’s jurisdiction, the offences they are charged with are bailable before the High court.
Col Rtd Dr. Kiiza Besigye, Hajji Obeid Lutale are jointly charged with treason and misprision of treason alongside Captain Dennis Oola a Uganda People’s Defence Forces (UPDF) officer attached to the armoured brigade.
