High Court Again Denies Bail to Dr Besigye, Orders Immediate Plea Taking

High Court Again Denies Bail to Dr Besigye, Orders Immediate Plea Taking

The High Court in Kampala has for the fourth time denied bail to veteran opposition politician Col (Rtd) Dr Kizza Besigye and his co-accused, Obeid Lutale, ruling that their application to halt criminal proceedings and secure release from custody lacked merit.

In a ruling delivered on Monday, Justice Emmanuel Baguma dismissed the application in its entirety and directed that plea taking in the treason case proceed without further delay.

“This application seeks two orders: a stay of the hearing of the criminal trial pending the resolution of a constitutional petition and release of the applicants on bail,” Justice Baguma stated at the beginning of his ruling.

The judge rejected the defence argument that the filing of a constitutional petition before the Constitutional Court automatically justified a stay of proceedings in the High Court. He emphasized that the decision to halt proceedings lies within the discretion of the trial court.

“From the onset, I have to draw a distinction between a stay of proceedings and a constitutional petition. In the instant case, it is not in dispute that the applicants petitioned the Constitutional Court directly, which does not warrant an automatic stay,” Justice Baguma ruled.

He added that such discretion must be exercised with regard to the seriousness of the offence, the need to avoid unnecessary delays, and the imperative of delivering substantive justice.

Justice Baguma cited Section 61 of the Trial on Indictments Act, which requires an accused person committed to the High Court to be placed at the bar and enter a plea. He underscored the central role of plea taking in criminal proceedings.

“In my opinion, plea taking enables an accused to know whether he admits or not,” the judge said.

The court noted that Dr Besigye and his co-accused were committed to the High Court on May 29, 2025, and that plea taking had been scheduled for September 1, 2025. However, no plea has been taken to date.

“Instead, the accused have made application after application, making plea taking difficult,” Justice Baguma observed.

He ruled that the appropriate course was for the accused to first take plea and thereafter pursue other applications, including bail, if they so wished.

“It is therefore my considered view that the applicants take plea and, if they so wish, apply for bail thereafter,” he said, while noting that he remained mindful of the constitutional presumption of innocence.

“The application and the orders sought are denied, and I order that plea taking proceeds immediately,” the judge concluded.

Dr Besigye and Lutale are jointly charged with treason and misprision of treason, alongside Uganda People’s Defence Forces (UPDF) officer Capt Dennis Ola. Prosecutors allege that the accused were involved in activities aimed at overthrowing the government by force, charges they have consistently denied.

The ruling follows a series of unsuccessful attempts by the defence to secure bail and halt the proceedings pending the determination of constitutional issues, including questions relating to judicial recusal and the computation of time for mandatory bail.

Dr Besigye, a former presidential candidate and long-time opposition figure, has been in custody for over a year, with the case attracting sustained public and political attention.

In court, the defence protested the directive to proceed with plea taking, arguing that they had appeared only to receive the ruling and that moving immediately to plea amounted to an ambush. They also claimed the indictment was defective, citing alleged errors in the particulars relating to Capt Ola, and argued that the accused had not been properly served with the indictment, a requirement for bail consideration.

Justice Baguma rejected those arguments, insisting that the accused had been served with the indictment and that the case had been pending plea taking for several months.

With the court now ordering plea taking to proceed, the case is expected to move to the next procedural stage in the High Court.