Besigye Sues Government, Muhoozi Over Alleged Kenya Abduction and Rights Violations

By Skika Reporter.

Veteran opposition politician Dr. Kizza Besigye and his co-accused, Hajj Obeid Lutale, have filed a fresh application before the High Court seeking declarations against the government and senior military officials over alleged violations of their constitutional rights arising from their arrest in Kenya and subsequent transfer to Uganda.

The application, lodged before the Criminal Division of the High Court, names the Chief of Defence Forces, Gen. Muhoozi Kainerugaba, Col. Peter Ahimbisibwe, Lt. Col. Ephraim Byaruhanga, and the Attorney General as respondents.

Besigye and Lutale contend that their prosecution on charges of treason and misprision of treason was preceded by an unlawful operation in Nairobi, Kenya, on November 16, 2024.

They allege that Ugandan military personnel abducted them and forcibly transferred them to Uganda outside established extradition procedures.

According to court documents, the applicants argue that the operation amounted to an extraordinary rendition that violated their constitutional rights, including the rights to personal liberty, due process, and a fair hearing.

The two further claim that they were held at Makindye Military Barracks for four days without access to lawyers, family members, or a competent court, contrary to the constitutional requirement that suspects be produced before court within 48 hours of arrest.

They maintain that Makindye Military Barracks is not a gazetted detention facility for civilians and argue that their confinement there constituted unlawful detention and psychological torture in violation of Uganda’s Constitution and anti-torture laws.

The applicants also allege that personal property, including mobile phones and other belongings, was confiscated during the arrest operation in Nairobi, infringing on their right to property.

In addition, Besigye and Lutale cite public statements allegedly made by Gen. Muhoozi Kainerugaba, which they say contained threats of violence and execution. They argue that such remarks undermined Besigye’s right to the presumption of innocence and jeopardized his prospects of receiving a fair trial before an impartial court.

The suit further challenges the period between their arrest in November 2024 and their eventual appearance before a civilian court, describing the delay as unlawful, unreasonable, and unconstitutional.

Through the application, the two seek declarations that their constitutional rights were violated and that the actions of the respondents contravened provisions of the Constitution, the Human Rights (Enforcement) Act, and the Prevention and Prohibition of Torture Act.

The latest legal challenge adds to the ongoing controversy surrounding Besigye’s arrest in Kenya and transfer to Uganda, a matter that continues to attract political and legal scrutiny as his treason case proceeds before the High Court