The High Court in Kampala has reserved its decision on a mandatory bail application filed by long-time opposition figure Dr Kizza Besigye and his aide, Hajj Obed Lutale, following a full day of legal submissions from both the defence and the prosecution.
Justice Emmanuel Baguma, who presided over the session, said a ruling would be delivered by email at 4:00 PM on Friday, August 8.
At the heart of the case is Article 23(6)(c) of Uganda’s Constitution, which grants automatic bail to individuals facing capital offences who have spent more than 180 days on remand without being tried.
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Representing the applicants, lawyer Fredrick Mpanga argued that Besigye and Lutale were arrested in Nairobi on November 16, 2024, and remanded by a Ugandan court four days later. He told the court that by the time the bail application was lodged on May 29, 2025, the duo had spent 190 days in detention—10 days beyond the constitutional limit.
Mpanga insisted that the time spent in custody should be counted continuously, despite the shift of the case from the General Court Martial to the civilian Nakawa Chief Magistrates Court. He argued that the constitutional provision offers no room for judicial discretion once the 180-day threshold is crossed.
Citing legal precedents such as Kabaziguruka vs Attorney General and Tumwesigye Enock vs Uganda, Mpanga told the court that failure to release the applicants would be a breach of their constitutional rights.
State’s Position
However, Chief State Attorney Richard Birivumbuka countered that the 180-day period should only be calculated from February 21, 2025—the date when Besigye and Lutale were formally charged with new treason offences in a civilian court. By that timeline, he noted, the applicants had spent only 98 days in remand.
He further argued that the General Court Martial and civilian courts function under distinct legal frameworks, and claimed that the military proceedings did not fall under the jurisdiction of the Director of Public Prosecutions (DPP). Therefore, he said, the idea of the case being “transferred” from the GCM to civilian court was “a legal fiction.”
Birivumbuka also urged the court to deny bail, citing the seriousness of the charges, the risk of interfering with investigations, and concerns over the applicants’ ability to meet bail conditions, including residence verification and surety control.
Defence Responds
In response, the defence team—led by Erias Lukwago, Fredrick Mpanga, and Kalibala—accused the prosecution of attempting to undermine the constitutional protection of personal liberty. They maintained that the two men have been under continuous detention since November 2024, and that any attempt to reset the remand period was unconstitutional.
Lukwago described the State’s arguments as attempts to delay justice, asserting that the Constitution prioritises individual freedom, particularly in the absence of trial. “This delay in trial constitutes a constitutional violation,” he told the court.
Kenyan lawyer and human rights advocate Martha Karua also made submissions, stating that by Wednesday, the applicants had spent 263 days in custody, including 90 days in military detention. She accused the State of “conveniently ignoring” this period, and urged the court to uphold the principle of judicial independence under Article 126 of the Constitution.
Sureties Presented
The defence presented several high-profile sureties:
For Dr Kizza 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 (lawyer and brother)
- Zurah Nanfuka (daughter)
- Mariam Lutale (daughter)
Awaiting the Ruling
Justice Baguma concluded proceedings by announcing that the court’s decision would be delivered electronically on Friday, 8 August at 4:00 PM.
The ruling is expected to carry significant political and legal implications, given the high-profile nature of the case and the broader debates it has sparked over constitutional rights and pretrial detention in Uganda.
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