Africa

Uganda's Kizza Besigye charged with possession of firearms following arrest in Nairobi

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The charges stem from incidents dating between October 2023 and November 2024, allegedly taking place in Geneva, Athens, and Nairobi.

A Ugandan court has charged prominent opposition leader Kizza Besigye with multiple offences, including holding meetings to solicit logistical support and identify military targets in Uganda, allegedly with the intent to harm the security of the Uganda People's Defence Forces (UPDF).

Besigye, along with Haji Obeid Lutale, appeared before the General Court Martial in Makindye, Kampala, on Wednesday.

The charges stem from incidents dating between October 2023 and November 2024, allegedly taking place in Geneva, Athens, and Nairobi.

The prosecution alleges that on November 16, 2024, Besigye and Lutale were found in unlawful possession of ammunition at Riverside Apartments in Nairobi.

They were reportedly in possession of eight rounds of pistol ammunition, which is typically restricted to the Uganda Defence Forces.

"Col (Rtd) Dr Kizza Besigye and Haji Obeid Lutale, on November 16, 2024, while at Riverside Apartments in Nairobi, Kenya, were found in unlawful possession of pistol model 27KAL No.765 and Pistol HB 1014 1953, which are ordinarily the monopoly of the Defence Forces," the charge sheet states.

The duo is also accused of holding meetings in Nairobi, Geneva, and Athens, where they allegedly sought support and targeted military assets in Uganda.

In addition, they were charged with possessing two firearms and eight rounds of ammunition.

However, the defence team, led by lawyer Erias Lukwago, argued that the charges were legally flawed.

Lukwago, who is also the interim president of Besigye’s Forum for Democratic Change (FDC) party, contended that the offences occurred outside Uganda’s jurisdiction, and the army court did not have the authority to try these offences.

“All the acts highlighted in this charge sheet do not constitute criminal offences within the laws of Uganda. The UPDF Act is not applicable in Kenya, Switzerland, or Greece. Unlawful possession of firearms? Which country’s Firearms Act are we talking about?” Lukwago posed, describing the charge sheet as "ambiguous" and "defective."

Lukwago further argued that Besigye and Lutale had been illegally brought before the military court. "They travelled to Nairobi lawfully for a legitimate meeting. They entered Kenya lawfully. Once you're in a foreign territory, you can only be returned through the right process; either extradition or deportation."

The defence also pointed out that the Ugandan authorities did not follow the correct legal procedures to bring Besigye and Lutale to Uganda.

"If it was extradition, it would have been at the request of the minister, but there is no indication such a request was made. If it was deportation, the Kenyan authorities should have initiated the process," Lukwago said.

Besigye and Lutale were remanded to prison until December 2, 2024, when their case will be mentioned.

Reports suggest Besigye was abducted on November 16 while in Nairobi for a book launch organised by Narc-Kenya party leader Martha Karua. He has since been in detention, and the Ugandan government has yet to comment on his abduction.

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