In a ruling that has rattled Uganda’s opposition ranks, the High Court has denied bail to four-time presidential contender Dr. Kizza Besigye and his co-accused Obeid Lutale, both facing serious treason charges over what the State calls a “transnational plot” to overthrow the government.
Delivering her verdict on Friday, Justice Rosette Comfort-Kanya acknowledged that the two opposition figures had met the legal threshold for bail, but ruled that the seriousness and international nature of the charges outweighed all personal circumstances.
“The court considers all that is before it regarding the application for bail and reaches a decision based on the rules of reason, justice, and law.Although I find that the applicants have satisfied all the relevant requirements… the application for bail is denied for the following reasons.” said Justice Comfort-Kanya.
The ruling reveasled the “grave nature” of the alleged offences, which the court said were not confined to Uganda alone, but spanned across multiple countries including Kenya, Greece, Belgium, and the Netherlands.
“The charges against the applicants are among the gravest, if not the gravest, on our statute books. The offences are alleged to have been committed in various locations in Uganda and in other countries,” Justice Comfort-Kanya wrote.
She explained that this broad jurisdiction complicates investigations, requiring international coordination, more time, and increased resources. She further warned that given the applicants’ high-profile status, releasing them at this point could jeopardize the integrity of ongoing investigations.
“Owing to the fact that the investigations are ongoing, the interests of justice at this point indicate that the application for bail is denied… There is a likelihood that the applicants, if released on bail, may foreplay the temptation to interfere with the investigations,” she added.
Notably, the judge acknowledged that both Besigye and Lutale were were of advanced age (68 and 65 years, respectively). They had also presented substantial sureties and confirmed fixed places of residence.
Yet, despite fulfilling all the basic criteria, the court held that the “public interest and integrity of investigations” in a case involving allegations of violent regime change had to take precedence.
Justice Comfort-Kanya’s ruling also hinted at potential delays in trial commencement, owing to the complex, cross-border nature of the charges a factor which the defence had hoped would strengthen their argument for bail.
Instead, the judge concluded that “the interests of justice require that the application for bail be denied.”
Following the verdict, Besigye and Lutale were escorted back to Luzira Maximum Security Prison, where they have been held in detention for over 140 days since their arrest on November 16, 2024.
The ruling is likely to provoke further debate on the balancing act between national security and individual liberties, especially in politically sensitive cases involving prominent opposition figures.
As of now, no trial date has been set, and the State maintains that investigations some involving foreign agencies are still underway.