Prominent human rights lawyers have filed a petition against the Kenyan and Ugandan governments to the East African Court of Justice (EACJ), seeking intervention in the case of Ugandan opposition figuresDr Kizza Besigye and his associate Hajj Obeid Lutale.
The two were abducted in Kenya on November 16, 2024, by Ugandan military personnel, allegedly with the complicity of Kenyan authorities, and forcibly returned to Uganda.
On behalf of Dr Besigye, the petitioners, who include Andrew Karamagi, Godwin Toko and Anthony Odur, argue that the abduction and subsequent trial of the duo in a Ugandan military court violate international law, regional treaties, and fundamental human rights principles.
The petition highlights the unlawfulness of trying civilians in military tribunals and condemns the Kenyan government for failing to uphold its constitutional obligations to protect individuals within its borders.
According to the applicants, the extraterritorial abduction and rendition of Dr. Besigye and Hajji Kamulegyeya undermine the rule of law and democracy, key principles enshrined in the Treaty for the Establishment of the East African Community (EAC). Article 6(d) of the treaty explicitly commits member states to uphold good governance, the rule of law, and human rights.
The duo, who had traveled to Kenya to attend a book launch of prominent Kenyan lawyer Martha Karua, were detained incommunicado upon their forced return to Uganda.
In took a media expose that Besigye was missing in Kenya for the government to hastily arraign them before the General Court Martial in Makindye.
They were and charged with offenses related to security and unlawful possession of firearms and ammunition.
These charges, which carry the possibility of a death sentence, have drawn sharp criticism from human rights organizations and legal experts.
"Military courts in Uganda are inherently biased and lack the independence and impartiality required for fair trials," the affidavit says.
They describe these courts as tools for political persecution and judicial harassment, operating under the control of the military high command and outside the bounds of civilian judicial oversight.
“Military courts are not blessed with adequate security of tenure or financial security to ensure their independence and impartiality from the executive arm of government to which they belong,” they argue.
The petition also points to Kenya’s complicity in the abduction. The argument is that Kenya’s failure to prevent or investigate the incident sets a dangerous precedent, eroding the country’s reputation as a haven for democracy and human rights.
They cite similar renditions in recent years, including the abductions of South Sudanese activists, Turkish nationals, and Ethiopians, which have raised concerns about Kenya’s growing role in forced renditions across East Africa.
In their submission to the EACJ, the lawyers seek several remedies, including a declaration that the trial of civilians in military courts violates regional and international legal standards and an order for Uganda to transfer all civilians detained by military courts to civilian judicial systems.
They also want the court to direct Kenya to cease facilitating or failing to prevent extrajudicial renditions within its borders, and a call for both Uganda and Kenya to uphold their obligations under international human rights treaties.
The petitioners emphasize that this case transcends the plight of the two opposition figures, highlighting a broader erosion of democratic values and judicial integrity across the region.