The State has opposed the bail application of veteran opposition leader Dr. Kizza Besigye, citing concerns over his alleged habitual offenses and potential flight risk.
Dr. Besigye, alongside obeid Lutale were detained since November 2024 on charges including illegal firearm possession and treacherya capital offense under military law, has been at the center of a legal and political storm.
The duo alongside Captain Oola Dennis were recently charged with treason before the Nakawa Chief Magistrates’ Court. The prosecution alleges that the trio held meetings in Geneva-Switzeland ,Nairobi- Kenya , Greece between 2023 and 2024 among other places aimed at destabilizing the security of the country.
Their lawyers including Erias Lukwago have since applied to the High Court seeking bail for the duo.Among the grounds Dr. Besigye listed for bail include; Advanced age, where he states that at 68 years old, his age makes him less likely to abscond and that continued incarceration poses health risks due to the harsh conditions of imprisonment.
He highlights that he has been on remand for over 100 days without commencement of trial proceedings, which he argues infringes upon his right to a fair and timely trial.
Dr. Besigye asserts that he is a responsible and respectable citizen who has never been convicted of any offense, despite numerous charges brought against him in the past.
He further maintains that he has consistently complied with previous bail conditions and attended court sessions as required, demonstrating his commitment to the judicial process.
Dr. Besigye also argues that the charges against him are politically motivated and lack substantive evidence, suggesting that his continued detention is unjust. He invokes his constitutional right to apply for bail, emphasizing that the offenses he is charged with are bailable under Ugandan law.
However the state suggests otherwise. According to an affidavit by Detective Inspector of Police Wilbern Batura Tworekirwe, Besigye’s alleged actions are of national security concern and extend beyond Uganda’s borders. The state claims he has a history of disregarding court proceedings, pointing to a previous case in which he reportedly vowed never to return to court.
The prosecution argued that Dr. Besigye’s history of political activism and previous arrests demonstrate a pattern of recidivism, making him unsuitable for bail. They further contended that, given the severity of the charges, there is a substantial risk that he might abscond if released.
“The charges against the applicant(Besigye) 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 applicant is a flight risk if released on bail,” Detective Inspector of Police, Wilbern Batura Tworekirwe, one of the detectives handling the investigations in the case said in his affidavit.