The High Court has dismissed a mandatory bail application filed by former presidential candidate Dr. Kizza Besigye, his aide Hajji Obedi Lutale, and Capt. Denis Oola, all of whom are currently facing treason charges.
The trio had petitioned the High Court in June, challenging an earlier decision by the Nakawa Magistrates Court to deny them bail, despite having spent more than six months on remand.
Their legal challenge followed the dissolution of the General Court Martial, which had previously overseen their case.
During the latest hearing, Justice Emmanuel Baguma presided over submissions from both the prosecution and defense teams. The defense was led by prominent lawyers Martha Karua and Erias Lukwago.
Dr. Besigye’s sureties included: Dr. Thaddeus Nicholas Kamara; Kira Municipality MP Ibrahim Ssemujju Nganda; Former Leader of Opposition Wafula Oguttu and Arnold Muhindo.
However, the Director of Public Prosecutions (DPP), represented by Chief State Attorney Richard Birivumbuka, opposed the bail application. He argued that the charges were grave and capital in nature, carrying severe penalties upon conviction. He also called the application premature, citing ongoing investigations and the seriousness of the allegations.
In a ruling delivered via email, Justice Baguma stated that Dr. Besigye and his co-accused did not qualify for mandatory bail. He ruled that the 180-day count, required for such an application, only began when they were remanded by the Nakawa Magistrates Court on February 21, 2025—not from their initial detention by the General Court Martial.
“Since 180 days hadn’t elapsed by the May 28 filing, the mandatory bail application is dismissed,” Justice Baguma ruled.
According to the charge sheet, the accused were allegedly abducted in Nairobi in 2024, shortly after attending a book launch hosted by Karua. Prosecutors allege that Dr. Besigye, Lutale, and Capt. Oola traveled to several countries, including Switzerland, Greece, and Kenya, where they attended meetings purportedly aimed at overthrowing the Ugandan government.
The prosecution claims these meetings included both physical and virtual sessions with collaborators based in Geneva, Athens, Nairobi, and Kampala.
Further, it is alleged that between 2023 and November 2024, the accused failed to report knowledge of an impending act of treason to any designated authority—such as a minister, magistrate, administrative officer, or police officer—as required by law.
