High Court dismisses appeal seeking release of Besigye, Lutale

Kampala-Uganda.  The High Court Civil Division in Kampala has dismissed a ‘habeas corpus’ application filed by lawyers representing veteran opposition figure Dr Kizza Besigye and his co-accused Hajj Obeid Lutale seeking their immediate release from what they termed as unlawful detention.

The ruling, delivered Monday, February 24, 2025, by the presiding High Court Judge, Justice Dr. Douglas Singiza Karekona decided that the continued detention of the duo remains lawful under the current legal framework since they were formally charged before the civilian court (Nakawa Chief Magistrates Court) last week.

Dr. Besigye and his aide, Hajj Lutale have been in custody since their arrest from Nairobi, Kenya’s capital last year in November and first faced trial before the General Court Martial in Makindye until the landmark Supreme Court ruling on January 31 which nullified any further proceedings in the military court chambers.

However, during the proceedings, Senior State Attorney Johnson Kimera Natuhwera, representing the Attorney General, contended that Dr Besigye and Lutale’s detention remained lawful and informed the court that the case files had been transferred from the General Court Martial to the Directorate of Public Prosecutions (DPP), indicating an ongoing legal process within the civilian judicial system.

Justice Singiza in his Monday ruling emphasized the importance of context, noting that while the Supreme Court’s decision nullified the General Court Martial’s authority to try the applicants, the subsequent administrative processes to implement this decision were still underway.

The controversial judge held that since the applicants had been formally charged in the Chief Magistrates Court of Nakawa in Criminal Case No. 285/2025 and remanded accordingly, issuing a writ of habeas corpus at this stage would be premature.

“Under section 56 of the Evidence Act Cap. 8, this court is enjoined to take judicial notice of the proceedings of 21 February 2025 in the Chief Magistrates Court of Nakawa at Nakawa in Criminal Case No. 285/2025, in which the applicants were formally charged in the courts of law and remanded. While the court would have wished to answer the issues raised, it would be moot for it to do so. Accordingly, the application is dismissed with no orders as to costs,” he stated.

“While certain of the insults might reasonably fall under the category of fair comment and thus be tolerable, I take particular issue with some of the alleged satire in form of cartoon drawings that suggested that I was probably a Nazi judge,” Singiza stated in the obiter of his ruling.

“Untrue insinuations were also made that I was very much under the spell of powerful persons in government, an allegation that could easily bring the integrity and competency of this court into question. In many jurisdictions of the world, any depiction of an individual as a Nazi apologist is prima facie evidence of criminal prejudice,” he added.

That notwithstanding, the Judge cautioned all those persons who vigorously trolled him as a person on different platforms, as well as via his email address, that “courts in this country execute their judicial functions without fear or favour on the basis of the law and the evidence. It is hoped that such persons or their surrogates will reflect on their conduct and stop it.”

The High Court’s ruling is an exemplification of the complexities involved in transitioning cases from military to civilian courts following the Supreme Court’s decision. It remains to be seen what will be the next step of the defence team representing Dr. Besigye and Lutale who continue to stay on remand until March 7 battling treason charges.

Daily Express