Former presidential candidate Dr. Kizza Besigye has claimed that he and his co-accused are being charged in the wrong court. Besigye made the statement while expressing his anguish following his controversial arrest in Nairobi, Kenya.
Appearing before Justice Emmanuel Baguma, Besigye said he traveled to Nairobi on November 16, 2024, through Entebbe International Airport in Uganda, describing it as a normal visit. However, while in Nairobi, he and Hajj Obeid Lutale were seized by armed men and informed that they were under arrest.
“We were bundled into a vehicle. Apart from a short stop at a petrol station for a refill, we were driven all the way to the Ugandan border, where we were transferred into another vehicle and taken to Makindye Military Barracks. We were detained there for four days, despite not being members of the military,” he testified in court.
The group was later arraigned before the General Court Martial, which remanded them to Luzira Prison, where they have remained. However, that military court was officially declared unconstitutional and subsequently scrapped in January.
Besigye explained that despite the court being disbanded and the remand warrant having expired, they remained in custody. They had expected that, if the State still wished to pursue charges, they would be re-arrested, processed through a police station, and brought before a proper civilian court.
“In February this year, we were charged at Nakawa Chief Magistrate’s Court, which then referred our case to the International Crimes Division (ICD) of the High Court, a court with a very different composition and process. Yet, a year later, we now find ourselves in yet another incorrect court,” he said.
“We don’t know if this is part of a broader effort to delay justice.”
Besigye further expressed concern over how their bail application had been handled.
“Before these summonses and warrants for this trial, we appeared before you regarding our application for mandatory bail. In your ruling which deeply shocked us, you stated that the court was unaware of our earlier charges before the court martial. You said there was no record of the charge sheet or case number, and that all you had before you was the Nakawa Court file.”
Besigye emphasized that this was deeply troubling, as their application included all documents and details related to the General Court Martial proceedings. The affidavit submitted outlined the circumstances of their arrest in Nairobi and their subsequent charges and remand by the military court.
“Sections of the affidavit I’m referring to were not contested by the court. Our lawyers made extensive reference to those very documents.”
“We considered the court’s handling of our application to reflect either gross incompetence suggesting that you did not read the documents filed or bias, both of which are serious issues. We view the court as a temple of justice.”
Due to these concerns, Besigye said they filed a formal complaint against the presiding judge with the Uganda Judicial Service Commission but have yet to receive any feedback.
“In your ruling, you stated it was your considered opinion that the main case should take priority over our bail application. In other words, you had already formed a view on our bail application,” he said.
“We wish to hear from you on why we are before this court, and not the International Crimes Division where we were referred. And, in light of our complaint seeking your removal from judicial office, whether you believe it is prudent for you to continue presiding over a process that is meant to deliver justice to us.”
According to the charge sheet, Dr. Besigye and his co-accused were allegedly abducted in Nairobi in 2024 after attending a book launch hosted by Kenyan politician Martha Karua. Prosecutors allege that Besigye, Lutale, and Capt. Denis traveled to countries including Switzerland, Greece, and Kenya, where they participated in meetings aimed at planning the overthrow of the Ugandan government.
The prosecution claims these meetings both physical and virtual involved collaborators based in Geneva, Athens, Nairobi, and Kampala.
Additionally, between 2023 and November 2024, the trio allegedly failed to report knowledge of treasonous activities to relevant authorities such as a minister, magistrate, or police officer, as required by Ugandan law.
