The Uganda Law Society (ULS) has accused High Court Judge Rosette Comfort Kania of violating the law by denying bail to opposition figure Dr. Kizza Besigye and Hajji Obeid Lutale, despite the two meeting all legal requirements.
Besigye and Lutale have now spent five months in detention following their alleged abduction from Nairobi, Kenya on November 16, 2024.
They were later paraded before the General Court Martial in Uganda and charged with treason a move their legal team decried as an illegal cross-border rendition.
Following a landmark Supreme Court ruling in January that barred military courts from trying civilians, their case was transferred to the High Court’s Criminal Division.
However, their bail application was denied last week, with Judge Kania citing the seriousness of the charges and fears that their release could jeopardise ongoing investigations.
“The right to liberty is fundamental,” Judge Kania said in her ruling. “But it must be weighed against national security. Bail is not an entitlement—it is a matter of court discretion.”
In a statement, ULS Vice President Asiimwe Anthony described the April 11 ruling as “fundamentally flawed and impeachable,” accusing the judge of relying on speculation and paternalistic reasoning instead of legal precedent.
He pointed to Judge Kania’s claim that detention would protect the accused from “falling prey to the temptation to interfere with investigations,” saying it lacked any legal justification.
“This reasoning not only lacks legal basis but contradicts established jurisprudence on bail in Uganda,” Asiimwe stated, citing rulings including Uganda (DPP) v Col (Rtd) Dr Kiiza Besigye (2005) and Attorney General v Uganda Law Society (2006).
ULS argued that while courts have discretion in bail matters, it must align with constitutional and legal standards.
Asiimwe warned that Judge Kania’s decision amounted to judicial overreach, undermining judicial impartiality and public trust.
The Society announced plans to petition the Judicial Service Commission under Executive Order RNB No. 2 of 2024 to hold Judge Kania accountable.
It also urged Besigye’s legal team to reapply for bail and engage the head of the Criminal Division to “rectify this miscarriage of justice.”
ULS further called on the Civil Division of the High Court to expedite a stay of execution application filed by Isaac Ssemakadde, along with a habeas corpus application for detained human rights lawyer Eron Kiiza.
Besigye, a four-time presidential candidate and long-standing critic of President Museveni, has now spent over 120 days in detention without trial. His legal team has signaled plans to appeal the decision.
The state alleges that between 2023 and November 2024, Besigye, Lutale, Capt. Denis Oola, and others conspired to overthrow the government by force an alleged plot said to span Switzerland, Greece, Kenya, and Uganda. If convicted, they face the death penalty.