Besigye Files Fresh Bail Application

Jailed opposition politician Dr. Kizza Besigye and Obeid Lutaale have filed a second bail application.  The fresh application was filed in the Criminal Division of the High Court in Kampala. 

This follows the dismissal of their first application by  Lady Justice Rosette Kania Comfort on April 11th 2025, on the basis that they were likely to interfere with ongoing police investigations, more so that they are charged with the gravest offence, treason. 

In their new application, Besigye and Lutaale contend that they were charged with treason and misprision of treason on February 21, 2025, at the Chief Magistrates Court of Nakawa and remanded in custody.

The applicants argue that they are responsible citizens with permanent places of abode. Dr. Besigye resides at Buyinja LCI, Wampeewo Ward, Kasangati Town Council, Wakiso District, while Lutaale resides at Kisigula Village, Cell Mutundwe Ward, Gombolola Ssabagabo Makindye, Wakiso District. They state that they have respect for the law and bail processes, and are willing to comply with all reasonable conditions set for their admittance to bail.

Dr. Besigye, a former presidential candidate, highlights his background as a retired Colonel in the Uganda Peoples Defence Forces and his participation in the 1981-1986 Bush War that brought the incumbent President of Uganda, Yoweri  Kaguta Museveni, to power.

He asserts that he has always advocated for peaceful and non-violent means to ensure Uganda is governed according to the law and constitutional dictates.

The applicants recount their abduction from Nairobi, Kenya, on November 16, 2024, and subsequent detention at Makindye Military Barracks without due process. They were later charged before the General Court Martial, which they protested, citing their civilian status.

Following the Supreme Court’s judgment in Constitutional Appeal No. 2 of 2021, declaring the trial of civilians before the General Court Martial unconstitutional, the applicants were charged with treason and misprision of treason. They deny the charges and are seeking bail from the High Court, as the offences are only bailable by this court.

Dr. Besigye further emphasises that at 69 years old, he is of advanced age, as well as Lutaale and unable to manage the harsh prison conditions for an unknown period. 

Through their lawyers from 13 Law firms led by Erias Lukwago and AF Mpanga Advocates, both Lutaale and Besigye state that they have been on remand for over 150 days without a trial date. 

Besigye assures the court in his accompanying affidavit that as a law-abiding citizen, he will not commit an offence while on bail, citing his past experiences where he was charged with grave offences, including treason and terrorism, but was eventually acquitted or had the charges dropped.

He highlights his history of complying with bail conditions, even during rigorous campaign schedules, and notes that he has substantial sureties willing to ensure his appearance in court and that they cannot interfere with Prosecution investigations. The applicants had previously applied for bail and satisfied all legal requirements for release on bail, but still their application was dismissed. 

The Uganda Law Society has since criticised Justice Kania Comfort for departing from the law and what the Constitution provides for to going into speculation without evidence that Besigye and Lutaale were likely to interfere with ongoing investigations.