The High Court in Kampala has dismissed an application for mandatory bail by opposition leader Dr Kizza Besigye and his co-accused, Hajj Obeid Lutale, ruling that the pair have not yet spent the 180 days on remand required by law to qualify for release.
In a ruling delivered on August 8, 2025, Justice Emmanuel Baguma said the defence had failed to prove that the period of detention should be calculated from November 20, 2024 — the date the applicants claim they were first remanded by the General Court Martial following their arrest in Nairobi and transfer to Uganda.
“While this argument may be in the public domain, no cogent evidence was presented before this court to that effect,” Justice Baguma stated.
“There was no evidence of a case number from the court martial, no charge sheet, and no record of proceedings submitted.”
He stressed that courts decide matters based on evidence formally presented, not on public knowledge.
“Judicial notice cannot extend to matters in the public domain, as this would amount to the court gathering evidence not legally presented before it,” he added.
The judge noted that the lower court record showed the treason and misprision of treason charges were read on February 21, 2025, when the two were remanded to Luzira Prison.
Calculating from that date, the 180-day threshold had not been met when the application was filed.
Justice Baguma also rejected defence arguments comparing the case to Tumwesigye Enock v. Uganda, saying that matter arose directly from General Court Martial proceedings, unlike the current one, which came from a civil court process.
Having found the application legally untenable, the judge did not consider other factors such as the applicants’ sureties or likelihood of returning for trial.
However, he directed that the main case — High Court Session Case No. 335 of 2025 — be given priority for hearing.
“For the interest of justice for both parties, and bearing in mind the right to liberty enjoyed by the applicants, priority should be given to hearing the main case rather than bail applications,” Justice Baguma ruled.
Besigye and Lutale were arrested in November 2024 in Nairobi, where they had attended a book launch at the invitation of Kenyan politician Martha Karua.
They allege they were abducted by Ugandan security agents, detained at Makindye Military Barracks, and initially charged before the General Court Martial, before their case was later transferred to the Nakawa Chief Magistrates Court.
