Will High Court Grant Besigye Bail?

The High Court in Kampala is set to rule on Dr Kizza Besigye’s bail application this morning. 

Today marks the 147th day that Opposition veteran leader has spent locked up, following his arrest in Nairobi, in November last year. 

His political aide, Hajj Obeid Lutale, who was arrested alongside him, is also seeking release on bail. 

Presiding over the matter will be Justice Rosette Comfort Kania. Dr Besigye and Hajj Lutale are facing charges of treason and misprision of treason, both of which carry the maximum penalty of death by hanging upon conviction. 

In his bail application, filed nearly two months ago, the four-time presidential contender raises nine grounds to justify his release. Dr Besigye cites advanced age—he is 68 years old—and poor health, stating that the harsh conditions in prison are not suitable for someone of his age. 

In his Bail application Besigye also cites delay in investigations, which he says have not progressed since he was charged at the Nakawa Chief Magistrate’s Court. He argues that he has not been committed to the High Court, which has the mandate to try capital offences, thus making the duration of his remand uncertain.

Dr Besigye also points out that he has substantial sureties, he states that he has pledged not to interfere with witnesses, and that he has a right the constitutional presumption of innocence. 

This is Dr Besigye’s second attempt at bail since his arrest in Nairobi on November 16, 2024, where he had travelled to attend the launch of a book by former Kenyan Justice Minister Martha Karua. 

His first attempt, earlier this year, was rejected by Justice Douglas who ruled that his habeas corpus application had been overtaken by events. 

Dr Besigye’s claim that he was being illegally detained at Luzira prison, especially after the Supreme Court judgment that barred the General Court Martial from trying civilians.

However, before Justice Singiza could rule on the matter, the state charged Besigye before the civilian court at Nakawa, effectively pre-empting the habeas corpus petition.