High Court asked to declare Besigye, Lutale extradition illegal after alleged covert operation

The High Court in Nairobi has been asked to declare illegal the alleged abduction and extradition of Ugandan opposition figures Col. (Rtd) Dr Kizza Besigye and Hajj Obeid Lutale.

In a petition filed through senior counsel Martha Karua and lawyer James WaNjeri, the two accuse the Kenyan Government of colluding with Ugandan authorities in a covert operation that violated their rights and undermined Kenya's sovereignty.

The petitioners claim they were in Nairobi on November 16, 2024, to attend a book launch at the invitation of politician Martha Karua when they were arrested by eight armed men in civilian clothes who identified themselves as Kenyan police.

Court papers state the two were not informed of the reasons for their arrest, denied access to counsel, and were never taken to a police station or presented before a court.

Instead, they were allegedly bundled into a vehicle, driven to the Malaba border post, and handed over to Ugandan security agents.

They say they later discovered their captors included Ugandan personnel who had entered Kenya, conducted an operation, and exited with them without following immigration procedures.

Upon arrival in Uganda, the petitioners were allegedly held incommunicado at a military facility before being charged before a General Court Martial with treason and unlawful possession of firearms.

The petition disputes the firearm allegations, noting that Uganda claims the weapons were recovered from an apartment in Nairobi.

It further argues that the operation contravened the Extradition (Commonwealth Countries) Act, which requires judicial approval before any individual is surrendered to a foreign country.

Besigye and Lutale cite public admissions by Ugandan officials who described the arrest as a coordinated effort between the two countries under a "legal framework."

The petition contrasts these admissions with earlier denials by a senior Kenyan foreign affairs official, and points to subsequent remarks by Foreign Affairs Cabinet Secretary Musalia Mudavadi, who confirmed that Kenya had "cooperated" with Uganda.

The petitioners are seeking declarations that their rights were violated, their removal from Kenya was unconstitutional, and that allowing foreign security forces to operate on Kenyan soil breached the country's sovereignty.

They also want damages and a finding that government officials involved are unfit to hold office.

The Law Society of Kenya has been listed as an interested party in the case, which is expected to test the extent of Kenya's constitutional safeguards and its territorial integrity in matters of regional security cooperation.

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• High Court asked to declare Besigye
• Lutale extradition illegal after alleged covert operation

Justice Chacha Mwita has directed the case to be heard on February 23, 2026.