Aug 8 – High court in Kampala has on Friday refused to grant bail to veteran opposition leader, Dr. Kiiza Besigye and his co-accused, Hajji Obeid Lutale, for the third time citing that there’s no documentary evidence had been presented to show that the two had appeared before and remanded by the military court.
Delivering his ruling, Justice Emmanuel Baguma noted that while claims of previous detention may exist in public domain the court could not rely on matters not supported by evidence properly adduced before it
“Courts of law are guided by evidence adduced before it to determine issues in controversy. Judicial notice could not be extended to public narratives without official documentation,” the Judge noted
Justice Baguma though he dismissed the bail application, he ordered that the applicants case be given immediate priority for hearing and directed the deputy registrar of the court to list the case without delay citing the applicants right to liberty and the need to expeditious trial.
Justice Emmanuel Baguma said the 180-day maximum period before mandatory bail is granted only began when he was remanded in the civilian court on February 21, which means he falls short by 12 days in order to secure bail.
In their affidavits the applicants claimed that they were abducted by Ugandan security operatives in Nairobi Kenya on November 16th. 2024 where they had travelled to attend a book launch at the invitation of Kenyan politician Martha Karua. They said they were illegally transported to Uganda detained incommunicado at Makindye military barracks and later arraigned before the General Court Martial on 20th November 2024 and charged under the UPDF act. They objected to the jurisdiction of the military court on the ground that they are civilians
The case has raised concerns among government critics and rights groups, about a crackdown ahead of Uganda’s national election early next year in which President Yoweri Museveni, 80, is seeking re-election.
The government denies targeting opposition figures and says all those who have been detained have committed crimes.
