Besigye, Lutale Meet Required Grounds, But Court Denies Them Bail

The High Court Criminal Division in Kampala on April 11, 2025, denied bail to opposition leader Dr. Kizza Besigye and his co-accused Hajj Obeid Lutale, citing national security concerns and the severity of treason charges.

Despite meeting all legal conditions for bail, including having fixed residences and substantial sureties, the court ruled that their release could interfere with ongoing investigations.

Justice Rosette Comfort Kania delivered the ruling, stating, “Although all grounds for bail are met, the bail applications are denied. The investigations are ongoing, and the applicants may still fall prey to the temptation of interfering with those investigations.” The judge emphasized the court’s discretion in balancing individual freedoms with national interests.

The defense team, led by Erias Lukwago, presented credible sureties, including MPs Ibrahim Ssemujju Nganda (Kira Municipality), Dr. Nicholas Thadeus Kamara, Tonny Muhindo, and Francis Mwijukye (Buhweju MP) for Besigye, and family members for Lutale.

Lukwago argued that denying bail despite meeting all conditions was unjust, invoking Article 23(6)(a) of the Constitution, which guarantees the right to apply for bail.

The prosecution had argued that Besigye and Lutale lacked fixed residences and could interfere with investigations, but the court found no concrete evidence to support these claims.

Judge Kania rejected the prosecution’s argument that sureties must be older than the accused, calling it a “dangerous precedent” that would limit older persons’ access to bail.

The court’s decision was largely based on the severity of the treason charges, which “touch on the national security of Uganda.”

The judge noted that while others charged with terrorism have secured bail, the severity of treason charges warrants cautious handling.

Besigye’s case has drawn attention due to his abduction in Nairobi, Kenya, and subsequent illegal rendition to Uganda in November last year.

After a landmark Supreme Court ruling stripped military courts of trying civilians, Besigye’s case was transferred to the High Court Criminal Division.

The judge concluded that the right to liberty must be weighed against national security interests, emphasizing that bail is not an entitlement but a matter of court discretion. Besigye, a four-time presidential candidate, has spent over 120 days in detention without trial so far.

His lawyers plan to appeal the decision, with Lukwago stating, “We are deeply disappointed but not deterred. The fight for justice continues.”