The Nakawa Chief Magistrate’s Court has declined to release Dr. Kizza Besigye, Hajji Obeid Lutale, and Captain Denis Oola on mandatory bail, citing lack of jurisdiction. The court instead advised the defense team to file a bail application with the High Court.
The trio had applied for bail in April after spending more than 120 days in detention without trial. They are facing treason charges following the dissolution of the General Court Martial.
In their application, Besigye and Lutale argued for bail based on their advanced age (68 and 65 respectively), fixed places of residence, credible sureties, and the legal presumption of innocence.
However, the prosecution opposed the application, pointing to the gravity of the charges, ongoing investigations, and the risk of interference.
While the court acknowledged that the applicants had met all the legal criteria for bail, it declined the request, citing the seriousness of the charges, the alleged international nature of the conspiracy, and the potential for interference with ongoing investigations. The court emphasized the need to safeguard national security and uphold the broader interests of justice.
In her ruling, Justice Rosette Comfort Kania stated:“Although I find that the applicants have satisfied all the relevant requirements for the grant of bail—such as proving they have fixed places of abode, substantial sureties, no prior criminal record, and are of advanced age—the application for bail is denied.”
She further explained:“The charges against the applicants are among the gravest, if not the gravest, on our statute books. The offences are alleged to have been committed across various locations in Uganda and abroad, requiring more time and resources to conclude investigations.”
Justice Kania added that since investigations are still ongoing, the interests of justice demand that bail be denied for now, as the accused could potentially interfere with the process due to the gravity of the allegations.
According to the charge sheet, the accused were allegedly abducted last year in Nairobi after attending a book launch hosted by Kenyan opposition figure and lawyer Martha Karua.
Prosecutors claim that Besigye, Lutale, and their co-accused traveled to several countries—including Switzerland, Greece, and Kenya—where they allegedly took part in meetings aimed at plotting to overthrow the Ugandan government. They reportedly met various individuals, both physically and virtually, in Geneva, Athens, Nairobi, and Kampala in pursuit of this agenda.
Additionally, the prosecution alleges that between 2023 and November 2024, the accused failed to report knowledge of an impending act of treason to the relevant authorities, including a Minister, magistrate, administrative officer, or police officer, as required by law.
