11th April, 2025 has been set By the Court to decide on Besigye bail

 In Kampala the High Court has scheduled  11th April 2025 to make a decision on the bail application filed by Opposition Politician Dr. Kizza Besigye and his co-accused, Hajji Obeid Lutaale Kamulegeya.

Besigye and Lutaale were brought to court on Friday from Luzira prison, where they have been held for over three months, and appeared before Lady Justice Rosette Kania in the Criminal Division. The judge instructed that both Besigye’s lawyers and the prosecution submit their written responses by March 31st, so she can make her decision on the scheduled date.

Initially, the bail application was set to be heard today, but the prosecution, represented by Chief State Attorneys Richard Birivumbuka and Joseph Kyomuhendo, requested more time to prepare. Birivumbuka explained that they had received numerous affidavits supporting Besigye’s case, which raised serious issues that required careful consideration. The prosecution also noted their busy schedule, with other cases in the International Crimes Division next week, and asked for additional time to verify the sureties provided by Besigye and Lutaale. While the prosecutors initially requested two weeks, Justice Kania deemed that excessive and set a deadline of Wednesday next week for their response.

The judge allowed Besigye’s lawyers, led by Ernest Kalibala and Erias Lukwago, to present the sureties for their clients. Besigye has presented several long-time friends and legislators, including Ibrahim Ssemujju Nganda (Kira Municipality MP), Muhindo Tonny (Bukonzo East County MP), Francis Mwijukye (Buhweju County MP), and Nicholas Kamara (Kabaale Municipality MP). Lutaale’s sureties include his wife, Halima Nagitta, his brother, Ssewankabo Hamza, and his daughter, Nanfuka Zura. The court has informed all sureties of their responsibilities, including ensuring that the applicants return to court if granted bail, and that they could forfeit their bonds or face civil prison if Besigye and Lutaale abscond.

Besigye and Lutaale have been in prison since November 16, 2023, facing treason charges. The prosecution alleges that they, along with UPDF Captain Dennis Oola, plotted to overthrow Uganda’s government. Besigye and Lutaale argue that they have been detained for over 100 days without knowing when the investigations will conclude or when their trial will begin.

Besigye assured the court that, as a law-abiding citizen, he would not commit any offenses while on bail and provided evidence of his history of returning to court when granted bail in previous cases. He emphasized that he has never been convicted of any of the serious charges brought against him, including treason, terrorism, and rape. Lutaale, in his application, asserts that he has a fixed place of residence within the court’s jurisdiction.

Besigye and Lutaale both argue that they have permanent residences in various locations, including Besigye’s in Buyinja, Wakiso District, and Lutaale’s in Kisigula, Wakiso District. Besigye also pointed to his record of complying with bail conditions, including during the 2006 General Elections, when he was granted bail and abided by all conditions despite a demanding campaign schedule. He also highlighted that in 2016, after being charged with treason, he was granted bail and complied with the conditions until the charge was withdrawn in 2019.

Both Besigye and Lutaale stated that many prominent individuals were willing to stand as sureties for them. Besigye’s application included a detailed 79-page document outlining his commitment to abiding by the law and not tampering with the case upon release.

The prosecution has yet to file its response to the bail application.

Besigye and Lutaale are jointly charged with UPDF Captain Denis Oola. They were recently remanded until March 28, 2025, while investigations into charges of treason and misprison of treason continue. The prosecution claims that the trio conspired in various cities, including Geneva, Athens, Nairobi, and Kampala, to solicit firearms, logistical, and financial support to overthrow Uganda’s government.

However, Besigye and Lutaale argue that they should be released from prison due to the Supreme Court’s decision nullifying the military court’s jurisdiction to try them. They were initially charged in Makindye Military Court before the Director of Public Prosecutions took over the case and filed new charges after their arrest in Nairobi, Kenya.