Uganda court martial asserts jurisdiction over Kizza Besigye case, rejects defence claims

A Ugandan court martial has ruled that it has jurisdiction over opposition leader Kizza Besigye, rejecting objections raised by his defence team regarding its authority over alleged crimes committed outside Uganda.

In a ruling on Tuesday, Brigadier-General Freeman Mugabe, chair of the court martial, maintained that Uganda’s cooperative agreements with Kenya on criminal matters justified the court’s involvement in the case.

The decision follows claims by Besigye’s legal team, led by Kenyan lawyer Martha Karua, that Besigye and his associate Hajj Obeid Lutale were abducted in Nairobi, outside Uganda's legal jurisdiction.

“The court finds that there is no extradition treaty that was breached. The agreement on defence and security for suspected serious crimes did not amount to abduction,” Mugabe said.

The ruling now paves the way for Besigye, alongside Lutale, to enter a formal plea on charges of unlawful possession of firearms and ammunition.

Abduction

Besigye’s defence had argued that the trial was invalid, citing the alleged abduction and Uganda’s lack of jurisdiction over events that took place in Kenya.

Besigye and Lutale were arrested in Nairobi on November 16, 2024, just hours before the Ugandan opposition leader was scheduled to attend Karua’s book launch.

Their detention has raised questions about alleged collusion between Kenyan and Ugandan authorities, though the Kenyan government has denied any involvement in the arrests.

The ruling has sparked further debate about cross-border legal cooperation and its potential impact on international human rights.

On Monday, Ugandan military prosecutors added a charge of "treachery," punishable by death, to the list of allegations against Besigye.

According to the charge sheet obtained by Reuters, the two are accused of possessing intelligence about a plot to destabilise national security but deliberately withholding the critical information from the authorities.

Amnesty International has condemned both the Ugandan and Kenyan governments, expressing concern that the actions against Besigye violated human rights and international law, particularly those protecting asylum seekers.

The case is part of a troubling trend of targeting Ugandan dissidents and asylum seekers in Kenya.

In July 2023, 36 members of Uganda's opposition Forum for Democratic Change (FDC) were arrested in Kisumu and deported to Uganda on terrorism charges, despite entering Kenya legally.

Similarly, in October 2023, seven Turkish asylum seekers were abducted in Nairobi, with four subsequently deported to Turkey.