Kenya helped us grab Besigye, says army court prosecutor

The director of prosecution at the army court has revealed that Uganda worked with Kenya to arrest Dr Kizza Besigye last month and forcefully bring him to face security and firearms-related charges. 

The revelation by Col Rafael Mugisha sharply contradicts the official position taken by the Kenyan government that they had no hand in the abduction and whisking across the border of Dr Besigye and his co-accused Obeid Lutale. 

Col Mugisha, while appearing before the Makindye-based General Court on Tuesday rubbished what he called lies that had been peddled about how Ugandan security personnel stormed Kenya’s capital Nairobi and abducted Dr Besigye and Mr Lutale without following any extradition or deportation procedures. 

“There was a submission that the people (Dr Besigye and Lutale) before you (General Court Martial) were abducted. The East African protocol allows us to enter various arrangements, among them, is a memorandum of understanding between the Republic of Uganda and the Republic of Kenya on cooperation in defence and security matters,” Col Mugisha told the court. 

“…And it's under that arrangement that we have the accused persons before this court,” he added. 

The revelation by Col Mugisha was provoked by submissions made by Dr Besigye’s defence lawyers. They said their clients were abducted and paraded before the army court headed by Brig Gen Robert Freeman Mugabe. 

“Mr chairman, the charge sheet is very clear. The accused persons were picked up from a totally different jurisdiction – Kenya – and were brought here without going through the due process, without any extradition order, without a deportation order. So, the jurisdiction they were picked up from is where you are having Senior Counsel Martha Karua coming from,” Mr Lukwago said. 

Following the arrest of Dr Besigye mid-last month, Kenyan public officials emphatically denied having a hand in the abduction of Uganda’s four-time presidential candidate. They also categorically said they were not even aware he was in Kenya. 

Dr Korir Sing’oei, the principal secretary of Kenya’s Foreign and Diaspora Affairs ministry, dismissed reports that Kenyan security agents may have been involved in the abduction of Dr Besigye. 

“Dr Besigye is a frequent visitor; he comes here privately to engage in private business and [other] engagements. What I'm aware of is there are protocols sometimes that relate to the travel of senior government and opposition leaders,” Dr Sing’oei told Citizen TV last month. 

Often, they actually inform us of their presence in our countries. They can seek some facilitation at the airports, and on that basis, we are able to even give them security,” he added.

Back in Kampala, Dr Chris Baryomunsi, the Information and Communication Technology minister, said the Ugandan government coordinated with Kenyan authorities and insisted that such a cross-border operation could not have occurred without Kenya’s knowledge. 

“The government of Uganda was in touch with the government of Kenya. Otherwise, how would you arrest somebody in the middle of Nairobi and then bring him back to Uganda, whether through the airport or land, without the full knowledge and support of the State there [Kenya]?” Mr Baryomunsi told Uganda’s NBS TV last month. 

But Brig Gen Felix Kulayigye, the Defence spokesperson, who spoke to this publication yesterday, said he is limited from commenting on the court matter, but briefly said: “In principle, we have a legal frame with our neighbours and it's under this arrangement that they (Dr Besigye and Lutale) were brought back.” 

Efforts to reach out to the Nairobi establishment regarding the revelations were futile as they didn’t answer our repeated phone calls. 

Dr Besigye was in Nairobi on the initiation of Narc Kenya party leader Martha Karua, to grace the launch of her book, Against the Tide: My Journey on a Less Trodden Path. The memoir depicts the strength behind Ms Karua’s endurance and commitment to social justice and equality. 

The Uganda Law Council earlier this week, rejected granting Ms Karua a special practicing certificate. 

Dr Besigye and Lutale face charges related to security, and being in unlawful possession of firearms and ammunition. At their last court appearance on Tuesday, the suspects were further remanded until January 7, 2025.

About the case

The charges

Count 1: Offences relating to security contrary to Section 128(1) (f) of the UPDF Act, Cap 330.

Particulars of the offence

Col (rtd) Dr Besigye and Lutale and others still at large between October 2023 and November 2024 while in Geneva in Switzerland, Athens in Greece, and Nairobi in Kenya, held meetings aimed at soliciting logistical support and identifying military targets in Uganda with intent to prejudice the security of the Defence Forces.

Count 2: Unlawful possession of firearms contrary to Section 4(1) & (2) of the Firearms Act, Cap 320. Particulars of the offence Dr Besigye and Hajj Lutale on November 16, 2024, while at Riverside Apartments in Nairobi, Kenya, were in unlawful possession of Pistol model 27 KAL No. 765, which ordinarily is the monopoly of the Defence Forces.

Count 3: Unlawful possession of firearms contrary to Section 4(1) & (2) of the Firearms Act, Cap 320.

Particulars of the offence

Dr Besigye and Lutale on November 16, 2024, while at Riverside Apartments in Nairobi Kenya were found in unlawful possession of Pistol HB 1014 1953, which is ordinarily the monopoly of the Defence Forces.

Count 4: Unlawful possession of ammunition contrary to Section 4(1) & (2) of the Firearms Act, Cap 320.