After seven hours of intense legal submissions, the High Court in Kampala has reserved its ruling on the mandatory bail application for veteran opposition leader Dr Kizza Besigye and his aide Hajj Obed Lutale.
The verdict will be delivered by email on Friday at 4PM.
Presiding over the matter, Justice Emmanuel Baguma listened to arguments from both the applicants’ legal team and the State, as debate centred on Article 23(6)(c) of the Constitution, which mandates the release of capital offence suspects who have spent more than 180 days on remand without trial.
Appearing for the applicants, Counsel Fredrick Mpanga told court that Besigye and Lutale were arrested on November 16, 2024, in Nairobi and subsequently remanded on November 20.
Since then, he argued, the duo has remained in state custody, despite being transferred from the General Court Martial (GCM) to the Nakawa Chief Magistrates Court.
By the time the bail application was filed on May 29, 2025, Mpanga noted, the applicants had spent 190 days on remand — exceeding the constitutional threshold by 10 days.
He insisted that the constitutional timeline had not reset during the court transitions, asserting that the 180-day period must be counted continuously.
Mpanga relied on precedents, including Michael Kabaziguruka vs Attorney General and Tumwesigye Enock vs Uganda, to assert that the right to mandatory bail under Article 23(6)(c) is not subject to judicial discretion.
“Once the statutory period lapses, court must release the applicant,” he told court.
State Opposition
Chief State Attorney Richard Birivumbuka challenged the application, asserting that the clock for mandatory bail should begin from February 21, 2025 — the date the accused were formally charged with new treason offences in the civil court system.
According to him, the applicants had only spent 98 days on remand under this charge.
He further argued that the military and civilian courts operate under separate legal regimes, with the DPP lacking jurisdiction over GCM proceedings.
As such, he dismissed the claim that the GCM had “transferred” the matter to the judiciary, calling it “a legal fiction.”
Birivumbuka also urged the court to deny bail on grounds of the gravity of the offence, potential interference with investigations, and insufficient proof of residence or credible surety control.
Rejoinders from Defence
In rebuttal, Counsels Erias Lukwago, Mpanga, and Kalibala described the state’s submissions as legally hollow and intended to frustrate the constitutional right to liberty.
They reiterated that the applicants have been in uninterrupted state custody since November 2024.
Lukwago emphasized that Article 23(6)(c) was enacted to prevent unjustified detention, stressing that liberty is a foundational right, second only to life.
“This delay in trial constitutes a constitutional violation,” he said.
Kenyan lawyer and activist Martha Karua also weighed in, asserting that the applicants had spent a total of 263 days in detention by today, and accused the State of “conveniently ignoring” the 90 days the duo spent under military custody.
“Judicial power is vested in the people under Article 126,” she told the court, “and this is the moment to act boldly in defence of liberty.”
Sureties Presented
For Dr. Besigye:
- Ibrahim Ssemujju Nganda (MP, Kira Municipality)
- Harold Muhindo (MP, Bukonzo East)
- Phillip Wafula Oguttu (former MP)
- Thaddeus Kamara
For Hajj Obed Lutale:
- Halima Nagita Lutale (wife)
- Hamza Ssewankambo (advocate and brother)
- Zurah Nanfuka (daughter)
- Mariam Lutale (daughter)
What Next?
Justice Baguma informed the parties that he would deliver the ruling on Friday, August 8, at 4PM via email.
The outcome is expected to be a pivotal legal and political moment in a case that has sparked widespread public interest.