The High Court Criminal Division has denied bail to opposition leader Kizza Besigye and his co-accused Hajj Obeid Lutale, even as the court acknowledged that all legal conditions for granting bail had been satisfied.
The ruling, delivered in a packed courtroom, emphasized the
court’s discretion in balancing individual freedoms with national interests.
“Although all grounds for bail are met,” the judge ruled, “the
applications for bail are denied. The investigations are ongoing, and the
applicants may still fall prey to the temptation of interfering with those
investigations.”
The court accepted that both applicants had proven fixed places
of residence, had no history of absconding, and had presented sound and
substantial sureties.
MPs Ibrahim Ssemujju Nganda, Dr Nicholas Thadeus Kamara, Tonny
Muhindo, and Francis Mwijukye stood surety for Besigye, while Hajj Lutale
presented family members including his wife and blood relatives.
“These are credible, responsible individuals with the capacity
to compel the applicants to return to court,” noted Erias Lukwago, who led the
defence team.
“If the court admits they have a place of abode, haven’t
interfered with investigations, and have never skipped bail, why deny them
their liberty?”
Lukwago invoked Article 23(6)(a) of the Constitution, which
guarantees the right to apply for bail, and emphasized that the principle of
presumption of innocence under Article 28(3)(a) must guide bail decisions.
The judge also made a notable observation on the issue of
sureties, rejecting prosecution arguments that sureties must be older than the
accused.
“To insist that sureties be older than the applicant sets a
dangerous precedent. It would make it nearly impossible for older persons to
access bail,” the judge said.
Still, the court cited the nature of the charges—treason and
misprision of treason—as a primary factor in denying bail.
“These are serious charges that touch on the national security
of Uganda,” the ruling read.
“While Makhoha and others charged with terrorism have secured
bail, the severity of these treason charges warrants cautious handling. The
court cannot, at this stage, make a determination on the evidence while
investigations are still ongoing.”
Prosecution had earlier argued that both applicants lacked fixed
residences and could interfere with investigations. However, the court found no
concrete evidence to support those claims.
“The allegations of interference with investigations must be
substantiated,” the court said. “In this case, they were not.”
Nonetheless, the judge maintained that the possibility of
interference, given the influence of the accused, could not be ignored.
Dr. Besigye’s case has drawn further attention due to its
origins. He was abducted in Nairobi, Kenya last year in what his lawyers have
called an illegal cross-border rendition.
He was later paraded before the General Court Martial in Uganda
and charged with treason.
However, following a landmark Supreme Court ruling on January 31
that stripped military courts of the power to try civilians, Besigye’s file was
transferred to the High Court Criminal Division.
Despite this transfer, he has remained on remand, with all
attempts at securing bail so far denied.
“The right to liberty is fundamental,” the judge concluded, “but
must be weighed against the interests of national security. Bail is not an
entitlement—it is a matter of court discretion.”
Dr Besigye, a four-time presidential candidate and long-time
critic of President Museveni’s government, has now spent over 120 days in
detention without trial. His lawyers said they would appeal the decision.
“We are deeply disappointed but not deterred,” Lukwago told
journalists outside court. “The fight for justice continues.”
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