Veteran opposition politician Dr Kizza Besigye and his aide Hajj Obeid Lutale in the dock at the High court for the hearing of their bail application on March 14, 2025. PHOTO | JULIET KIGONGO
The State has asked the High Court in Kampala not to release veteran politician Dr Kizza Besigye on bail.
In his affidavit before the court in response to Dr Besigye’s application to be released on bail, detective Tworekirwe Batura Wilbern alleges that Dr Besigye’s record is tainted with criminality.
“…In reply to paragraphs 14 and 15 of the 1st applicant (Dr Besigye) in support, he is not a law-abiding citizen. He is constantly in conflict with the law,” Detective Tworekirwe states.
He adds: “Over the years, the 1st applicant (Dr Besigye) has demonstrated repeated disregard for law and order. His record is tainted with numerous arrests and criminal charges.”
To buttress his claim, Detective Tworekirwe asserts that Dr Besigye allegedly committed the treason offences while he was on bail in a separate case of incitement to violence with another politician Samuel Mukaku Lubega at Buganda Road Chief Magistrates Court.
The detective further claims that if released on bail, Dr Besigye is likely to flee the country since the treason charges that he is currently facing are grave, and on conviction, the maximum penalty is death by hanging.
“…The charges against the applicant are serious, of public interest, impact on the national security of Uganda and attract a possible maximum sentence of death upon conviction. The offences are cross-border and, therefore, the 1st applicant (Dr Besigye) is a flight risk, if released on bail,” the detective asserts.
He also rubbished the ground raised by Dr Besigye in which he stated that he has always adhered to bail terms in the previous charges he has faced. Detective Tworekirwe alleges that the former four-time presidential candidate said he would never appear at Nakawa Court while he faced treason charges that were later withdrawn.
“..it is not true that he abided by all bail conditions set in Nakawa criminal case no. NAK-00-CR-A-0014-2016. None of his sureties attended court after 30/06/2017 until the case was eventually withdrawn,” Detective Tworekirwe avers.
Late last month, Dr Besigye raised at least nine grounds before the court to base on to release him on bail.
Dr Besigye and his political aide Obeid Lutale have been in Luzira prison since mid-November last year following their arrest in Nairobi, Kenya.
Some of the grounds that Dr Besigye has raised for his release include being of advanced age of 60, not yet committed to the High Court to stand trial, law-abiding citizen who will not commit any offence once released.
He adds that he has abided by previous bail conditions, has substantial sureties, and enjoys constitutional presumption of innocence to apply for bail.
Presiding judge Comfort Rosette Kania will make her ruling on whether or not Dr Besigye and co-accused are released on April 11.
Background
On February 21, following increased pressure to have the remanded Opposition politician unconditionally released from Luzira prison, the State, in a dramatic fashion, swiftly arraigned him before Nakawa Chief Magistrates Court, a civilian court.
