KAMPALA– High Court Judge Emmanuel Baguma on Friday 8th August, declined to release on bail Col (Rtd) Dr. Kiiza Besigye and his aide Hajji Obeid Lutale in their second attempt.
The duo who have been on remand since 20th November 2024, had their bail application dismissed by High Court judge Rose Kania thus resulting into this attempt in which they sought Court to grant them mandatory bail having spent over 180 days on remand without trial.
The duo with a UPDF Captain, are charged with treason charges.
In his Virtual ruling, Justice Baguma pointed out, that although have a constitutional right for mandatory release, in his findings, none of them qualifies.
“From the lower court file, the applicants were charged with treason, misprision of treason. These charges were read to the applicants on 21st February 2025 where the prosecution informed court that the matter was coming up for the 1 time for communication of charges to accused persons.” Stated Baguma
He also added that being that the charge sheet on which they were charged originated from CID headquarters, there is no way how could would have considered the period said to have spent on remand on orders of the General Court martial which is not mentioned within the lower court’s record.
“There was no evidence of a case Number from the court martial, no charge sheet and no record
of proceedings were submitted to this court. Courts of law are guided by evidence adduced before it to determine the issues in controversy. While courts have taken judicial notice in some cases, it is my considered view and opinion that judicial notice cannot extend to matters in public domain.”
Baguma declined to indulge into the matter of sureties because the main ground of clocking 180 days on remand without trial had failed since according to his calculations, starting from 21st February 2025 up to the time of application, the days were less.
“However, for the interest of justice for both parties, and bearing in mind the right to liberty enjoyed by the applicants, since the applicants have been committed for trial
in the High Court under session case No. 335 of 2025, it is my considered view that priority be given to hearing the main case other than bail applications.”
The judge accordingly
directed the Deputy Registrar of High court to cause list the applicant’s case for immediate hearing.
Besigye and is aide were arrested from Kenya and in November 2024 were charged by Makindye General Court martial and remanded to Luzira.
However, the 31st January 2025, (Attorney General Vs Michael Kabaziguruka) Supreme Court ruling which outlawed the trial of civilians in Army Court, granted the duo relief and their matter was later transferred to civilian Courts
On 21st February 2025, Besigye and Lutale took plea before Nakawa Magistrates court and were remanded again to Luzira Prison where they based on applying for this bail application.
Prosecution contends that while in Geneva, Athens, Nairobi, and Kampala, the suspects sought firearms, logistics, and funding to overthrow the Ugandan government.
