High Court to decide on Dr Besigye’s release

The High Court in Kampala is today expected to hear the habeas corpus application filed by remanded Opposition veteran politician Dr Kizza Besigye, who is seeking to be released from incarceration.

The fixing of the hearing date came hours after the Uganda Law Society (ULS) wrote a protest note on Monday, decrying the delayed hearing of the application by Justice Douglas Karekona Singiza.

“... the hearing of this case has been fixed for February 19, 2025 [at] 9am in the fore/afternoon or soon thereafter as the case can be heard in this court. If no appearance is made on your behalf, by yourself/your pleader or someone authorised by la to act for you, the case will be heard in your absence,” the hearing notice, which was released yesterday, read in part.

Dr Besiye and his aide Obeid Lutale have been on remand at Luzira prison since November last year after they were arrested in Kenya’s capital, Nairobi, and charged with security-related offences and later treachery.

Likewise, the court also fixed the hearing of the habeas corpus application for jailed advocate, Eron Kiiza for Tuesday next week.

Lawyer Kiiza was sentenced to nine months imprisonment by the General Court Martial for alleged contempt of court.

On February 5, Dr Besigye, through his lawyers at Lukwago & Co. Advocates, filed a habeas corpus application requesting the court to compel authorities to present him in court “dead” or “alive”.

Ms Winnie Byanyima, the wife of the four-time presidential candidate, in her affidavit to support his application, said the continued illegal detention of her husband is an infringement on his rights under the 1995 Constitution.

ULS contends that a habeas corpus application takes precedence over any other court business, which has not been the case with this particular one and that of advocate Eron Kiiza.

“It is axiomatic that habeas corpus applications take precedence over all other business of the court. Accordingly, we urge the Judiciary leadership to take immediate action to address this grave injustice, including reviewing Judge [Douglas] Singiza’s conduct and taking disciplinary action against him for his blatant disregard of the law and human rights,” the lawyers state.

When contacted for a comment on the delay, Mr Ereemye Mawanda, the public relations officer of the Judiciary, said the pleading process takes about three weeks.

“You will need to understand the legal processes and procedures first. There is filing on ECCMIS, then there is a service of parties that requires that the sued party responds within 15 days and the one who is sued, has 10 days to rejoin. So this process takes about a minimum of three weeks,” he said in a telephone interview on Monday.

He added: “So the pleading process isn’t complete. I want to advise the lawyers to first approach the court to understand the position of the matter then they can authoritatively speak. I want to imagine that once the pleadings are over, then the parties will be invited. There is no deliberate reason why a particular matter of a certain person should be delayed. We need to understand the dynamics first.”

On January 31, the Supreme Court ruled that it was unconstitutional for civilians to be tried in the military courts.

Recently, Dr Besigye’s health has deteriorated, reportedly due to a prolonged hunger strike. On Sunday, he was taken to a private clinic in Bugolobi for medical tests. He was later taken back to jail.

BACKGROUND

Opposition leader Dr Kizza Besigye was abducted from Nairobi, Kenya in November and smuggled back to Uganda.He was later produced in the General Court Martila in Makindye, Kampala. Dr Besigye and his aide Mr Obeid Lutale, who was arrested with him in Nairobi, were later were later charged for illegal possession of firearms.