Dr Besigye,Lutale and all political prisoners are unjustly detained

Kizza Besigye and Obed Kamulegeya in the dock

On April 11, 2025, High court judge Rosette Comfort Kania denied bail to Dr Kizza Besigye and Hajji Obeid Lutale, despite acknowledging that they had fulfilled all the conditions for the grant of bail.

Her ruling was not only a travesty of justice but also a testament to the breakdown of rule of law, systemic violation of human rights and disregard for due process that has become all too common in our country and across the East African region.

Dr Besigye and Hajji Lutale, two prominent political figures, were abducted from Kenya and brought to Uganda, where they have been detained without trial for several months. Despite the lack of evidence against them, they have been denied bail, citing the “gravity of the offence.”

This reasoning is not only flawed in law but also a clear indication of the politicization of the judiciary. The denial of bail was, and still remains, a contravention of the provisions of the Constitution of the Republic of Uganda, which guarantees the right to bail.

Article 23 (6) states that “a person arrested or detained…has the right to apply to court to be released on bail and the court may grant that person bail on such conditions as the court considers reasonable.”

Judge Kania, in blatant breach of the Constitution, admitted that the duo satisfied all conditions required yet proceeded to deny them bail. The reasoning in her ruling and the conclusion/final orders were at odds with each other.

According to the International Covenant on Civil and Political Rights (ICCPR), to which Uganda is a signatory, everyone has the right to liberty and security of person. The ICCPR in its Article 9 also outlaws arbitrary arrests and detentions.

The illegal detention of Dr Besigye and Hajji Lutale and all political prisoners, without trial or evidence, is a further violation of these provisions. But that is not all. The issue at hand goes beyond the denial of bail.

The duo’s abduction and illegal detention are marred with procedural impropriety and their case is not an isolated incident. Hundreds of political prisoners in Uganda are abducted and dumped in various prisons or torture chambers across the country where they are left to rot away.

They are routinely denied fair trial and subjected to despicable and inhumane conditions. Such one case is Edward Ssebuufu alias Eddie Mutwe of the National Unity Platform, who was abducted on April 27, 2025, held incommunicado and tortured for nine days.

The lack of due process, abuse of power, and violation of human rights have now, unfortunately, become distinguishing characteristics of our justice system. The Ugandan judiciary has, overtime, become a passive spectator to the egregious violation of civil liberties instead of being an active participant in checking the impunity by the executive and state organs.

And this is why I painfully make this call, in addition to all voices of well-meaning Ugandans, to demand that the authorities respect the constitutional rights of citizens and release all political prisoners, unconditionally.

Mine is not just a cry of distress. It is a call to action. In the face of rising and unapologetic authoritarianism, erosion of democratic norms, and a humiliating executive overreach, the independence and impartiality of the judiciary have never been more crucial.

The judiciary should be the first and last shield against impunity. And while the struggle for judicial independence is ongoing in many countries, it should be no excuse to keep Uganda and all institutions under state capture.

Kenya, South Africa and India, among others, are some of those jurisdictions we could draw a lesson or two from. Are the said countries perfect? Far from it. But at least their Courts of law speak and everyone listens