Dr. Besigye and Co-Accused Denied Bail

The High Court of Uganda has denied a bail application for Col. (Rtd) Dr. Kizza Besigye and Hajji Obed Lutale, who are facing serious charges of treason and misprision of treason. Hon. Lady Justice Rosette Comfort Kania delivered the ruling on April 11, 2025.

Dr. Besigye and Lutale were charged with treason under section 23(1)(c) of the Penal Code Act Cap 128, and misprision of treason under section 25 of the same Act. The prosecution alleges that between 2003 and November 2024, the applicants, along with others, conspired to overthrow the Ugandan government by force of arms. These alleged acts occurred in various cities, including Geneva (Switzerland), Athens (Greece), Nairobi (Kenya), and Kampala (Uganda). The alternative charge of misprision of treason accuses the applicants of knowing about the treasonous intentions of others and failing to report them to the authorities or take preventive measures.

The applicants filed a Notice of Motion seeking bail under Article 23 (6) of the Constitution of the Republic of Uganda, 1995, Sections 15 & 16 of the Trial on Indictments Act Cap 25, and Rule 2 of the Judicature (Criminal Procedure) (Application) Rules S.I 13.

The applicants argued that they are entitled to bail, citing their advanced age (68 and 65 years respectively), responsible citizenship, fixed places of abode, willingness to comply with bail conditions, and the fact that they are not a flight risk. Their legal team, comprising a large group of lawyers, emphasized that the applicants have been in custody for over 120 days without being committed for trial, and that prison conditions are particularly harsh for elderly individuals.

The prosecution opposed the bail application, arguing that the gravity of the offenses, the potential for interference with ongoing investigations, and the risk of the applicants absconding warranted their continued detention. They also raised concerns about the suitability of the presented sureties, questioning their ability to ensure the applicants’ compliance with bail conditions.

Hon. Lady Justice Kania acknowledged the constitutional right to apply for bail under Article 23(6)(a) of the Constitution and the court’s discretion in granting it. The court recognized the principle of presumption of innocence and the importance of personal liberty.

The court found that the applicants had established fixed places of abode and presented substantial sureties. The court also acknowledged the applicants’ advanced age as an exceptional circumstance.

However, the court emphasized the seriousness of the charges against the applicants, noting that treason is among the gravest offenses in Ugandan law. The court also considered the complexity of the case, given that the alleged offenses were committed in multiple jurisdictions, which could lead to a prolonged investigation.

Ultimately, the court denied the bail application, citing the potential for the applicants to interfere with the ongoing investigations if released. Justice Kania concluded that while the applicants met several requirements for bail, the interests of justice and the need to ensure the integrity of the investigation outweighed those factors in this instance.

The ruling underscores the delicate balance courts must strike between individual rights and the public interest, particularly in cases involving serious offenses and complex investigations. Dr. Besigye and Lutale will remain in custody pending the completion of the investigation and further court proceedings.