Opposition leader Kizza Besigye’s bail decision expected today as he marks 147 days in detention
Justice Rosette Comfort Kania is expected to decide whether to release them, deny the request, or impose conditions for their temporary freedom.
Ugandan opposition leader Dr Kizza Besigye’s long stay in detention may come to an end today as the High Court in Kampala prepares to make a ruling on his bail application.
The former presidential contender has now been in custody for 147 days following his arrest in Nairobi late last year, a case that has drawn public interest due to the charges he is facing and the high-profile nature of the individuals involved.
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Besigye was arrested alongside his political aide, Hajj Obeid Lutale, and both are seeking release through bail.
Justice Rosette Comfort Kania is expected to decide whether to release them, deny the request, or impose conditions for their temporary freedom.
The two are facing charges of treason and misprision of treason, offences that carry the death penalty if convicted.
In the bail application, which was filed nearly two months ago, Besigye outlines nine reasons to justify his release.
He states that his arrest and continued detention are politically motivated, claiming he is being targeted for defending the Constitution and promoting the right of citizens to organise for lawful and peaceful governance.
He also raises concerns about his health and age, saying he cannot endure the conditions in prison.
“I am 68 years old and of advanced age, and therefore unable to withstand the harsh conditions in prison for an indefinite remand period. I have already spent over 100 days in both lawful and unlawful detention,”
Besigye states in his affidavit, as reported by the Daily Monitor.
Probe delays
One of his major complaints is the delay in investigations.
Besigye says that since he was charged at the Nakawa Chief Magistrate’s Court, no further progress has been made in the case.
He has not been committed to the High Court, which has the authority to try capital offences, leaving his detention period unclear.
Besigye also points to his past record of complying with court orders whenever he was granted bail.
He recalls being granted bail during the 2006 elections and in previous high-profile treason and rape cases, where he followed all the court conditions.
“In November 2005, I was maliciously charged with treason and rape. Both charges were heard by the Kampala High Court, and I was granted bail. I adhered to the bail terms until I was acquitted of the rape charge and the treason case was permanently halted by the Constitutional Court,” Besigye avers as reported by the Daily Monitor.
“Again, after the 2016 elections, I was charged with treason on May 13, 2016. I applied for bail and was granted release on July 12, 2016. I respected all bail conditions until the charges were withdrawn by the state,” he adds.
He further explained that he has credible sureties and will not interfere with witnesses or the ongoing investigations.
Besigye insists he still enjoys the constitutional right to be presumed innocent until proven guilty.
Hajj Lutale, in his own affidavit, makes similar points.
He is 65 years old, has no other criminal cases pending, and has also not been committed to trial.
He pledges full cooperation with the court and promises not to disrupt investigations.
The state has opposed the bail application. It argues that Besigye is confrontational and not likely to follow court instructions if released.
Conflict with the law
They claim that his history includes numerous arrests and conflicts with the law.
“The applicant is not a law-abiding citizen. He is confrontational and constantly in conflict with the law. His record is tainted with numerous arrests and criminal charges,” the prosecution states.
The state also says that Besigye still has a pending case involving incitement to violence, which he faces alongside fellow politician Walter Lubega Mukaku.
In addition, they argue that the treason charges have international links, involving cross-border planning, and therefore, he should remain in custody.
This is not Besigye’s first attempt at securing freedom since his arrest in Nairobi on November 16, 2024.
He had travelled to Kenya to attend a book launch event by former Justice Minister Martha Karua. Earlier this year, he filed a habeas corpus application, which was later dismissed by Justice Douglas Singiza, who now heads the Judicial Service Commission.
At the time, Besigye claimed he was being held illegally at Luzira prison.
However, before the judge could give a final ruling, the state transferred Besigye’s case to the civilian court at Nakawa, rendering the habeas corpus petition irrelevant.
The prosecution claims that between 2023 and November 2024, Besigye, Lutale, Capt Denis Oola, and others still at large plotted to overthrow the Ugandan government.
The alleged plot spanned several cities and countries, including Geneva, Athens, Nairobi, and Kampala.
Now, the fate of both Dr Besigye and Hajj Lutale hangs in the balance as the High Court prepares to deliver its ruling, which will decide whether they remain in custody or are allowed to await trial outside prison walls.
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