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Kizza Besigye and Obed Lutale
Kampala-Uganda — A tense legal battle unfolded in court as lawyers representing detained opposition figure Dr. Kizza Besigye made a spirited appeal for his release on bail, while state prosecutors pushed back, citing risk of flight and previous bail violations.
Dr Besigye, facing charges of treason and misprision of treason, has spent over 120 days in detention without trial—circumstances his legal team argued were both unconstitutional and inhumane.
The defence maintained that the veteran politician, due to his advanced age, is ill-suited to withstand the harsh conditions of prison, further insisting that he poses no threat to the ongoing investigations and is willing to comply with any court directives.
“The applicants have not yet been committed to the High Court for trial,” the defence argued, “and are prepared to comply with all bail conditions, including regular court appearances.”
Citing constitutional provisions that presume innocence until proven guilty, the defence described the charges as politically motivated and urged the court to extend bail on humanitarian and legal grounds.
“These are political offences,” the defence added, “and continued incarceration without trial is an affront to justice.”
However, state prosecutors Joseph Kyomuhendo and Richard Birivumbuka pushed back hard, raising several concerns about the bail application.
They questioned the credibility and authority of Besigye’s sureties, describing them as mere friends lacking the legal or moral influence to ensure his return to court.
“The applicant is superior to his sureties,” Kyomuhendo told the court. “They lack the capacity to compel him to abide by bail conditions. Granting bail under these circumstances would be risky.”
The state also referenced Besigye’s pending charge at Buganda Road Court, arguing that he allegedly committed those offences while previously out on bail.
“Pending charges are a valid reason to deny bail,” the prosecution submitted, stressing that the pattern undermines the integrity of bail conditions.
Further complicating matters, the prosecution alleged that both Besigye and his co-accused Lutale do not have fixed places of residence, making them potential flight risks.
As the courtroom weighed the arguments, the matter was adjourned to allow the presiding judge to consider the submissions. No ruling had been made by press time.
Dr. Besigye, a four-time presidential candidate and prominent government critic, remains in custody as the legal wrangling over his bail continues. NILEPOST