The High Court Criminal Division in Kampala has denied bail to opposition leader Dr. Kizza Besigye and his co-accused, Hajj Obeid Lutale despite acknowledging that both met all legal criteria for release.
Justice Rosette Comfort Kania delivered the ruling on Friday in a packed courtroom, stressing the need to balance individual freedoms with national security concerns.
“Although the legal grounds for bail have been met,the applications are denied due to the ongoing investigations and the possibility of interference.”, she said.
Kizza Besigye and Lutale are facing charges of treason and misprision of treason offenses the court described as serious and sensitive to national security.
The judge cited the gravity of the charges as justification for keeping the pair in custody, even while admitting there was no evidence they had attempted to obstruct investigations.
The court acknowledged that both men have fixed places of residence, no history of absconding, and presented credible sureties.
Among those standing surety for Kizza Besigye were Members of Parliament Ibrahim Ssemujju Nganda, Dr. Nicholas Thadeus Kamara, Tonny Muhindo, and Francis Mwijukye. Lutale presented close family members, including his wife.
“These are respected individuals capable of ensuring the accused appear in court,” said lead defense lawyer Erias Lukwago, who criticized the decision as unjust.
“If the court agrees they meet all requirements, why then deny them their liberty?” he asked, citing constitutional protections under Articles 23(6)(a) and 28(3)(a) guaranteeing the6 right to apply for bail and the presumption of innocence.
Justice Kania also rejected prosecution arguments that sureties must be older than the accused, warning that such reasoning would create an unfair barrier to bail for older defendants.
Still, the court maintained that the potential influence of the accused posed a risk to the integrity of ongoing investigations.
The ruling follows a controversial sequence of events surrounding Besigye’s arrest. The former presidential candidate was abducted in Nairobi, Kenya last year, in what his lawyers describe as an illegal rendition. He was later brought before Uganda’s General Court Martial and charged with treason.
However, after a landmark Supreme Court ruling in January that barred military courts from trying civilians, his case was moved to the civilian High Court. Despite the transfer, he remains on remand.
“This is a disappointing decision, but we’re not giving up,” Lukwago told reporters outside court. “We will appeal. The struggle for justice continues.”
Besigye, a veteran opposition figure and critic of President Yoweri Museveni’s government, has now spent over 120 days in detention without trial.