Besigye sues Kenya, Uganda governments at East African court
A general view of court as Ugandan opposition figure Dr Kizza Besigye and his co-accused Obeid Lutale are in the dock at the General Court Martial in Makindye, Kampala, where charges on offences related to security and illegal possession of two firearms and 8 rounds of ammunition were read to them on November 20, 2024. PHOTO/ABUBAKER LUBOWA
What you need to know:
- The four-time presidential candidate argues that the Kenyan security aided the Ugandan security to carry out what he called an extraterritorial abduction.
The Opposition politician, Dr Kizza Besigye, has sued the governments of Kenya and Uganda over his abduction from Nairobi, Kenya, before being forcefully brought back and arraigned before a military court despite being a civilian.
In a reference filed before the East African Court, Kampala sub-registry, on December 4, Dr Besigye argues that the Kenyan security aided the Ugandan security to carry out what he called the extraterritorial abduction, a move he says contravened several provisions of the Kenya 2010 Constitution and the East African Treaty.
The former personal physician to President Museveni during the guerrilla war was jointly brought back into the country alongside his colleague Hajj Obeid Lutale Kamulegeya.
The duo now faces charges relating to security and unlawful possession of firearms and ammunition before the Makindye-based General Court Martial.
“The second respondent’s (Kenya) security operations, actions, and omissions in aiding and abetting the impugned extraterritorial abduction and extraordinary rendition of the civilian duo from Kenya to Uganda contravened the rule of law and good governance guaranteed in Article 6 (d), 7 (2) and 8 (1) C of the Treaty by breaching key provisions of the 2010 Kenyan Constitution,” reads in part the court documents.
Adding: “The 2nd respondent’s (Kenya) security agencies aided and abetted the impugned extraterritorial abduction and extraordinary rendition of the civilian duo from Kenya to Uganda without extradition proceedings or due process of law.”
Dr Besigye and lawyers Andrew Karamagi, Godwin Toko, and Anthony Odur jointly sued the two governments.
About a fortnight ago, Dr Besigye alongside his aide Lutale, was arrested in Nairobi, which has gained notoriety as a theatre of espionage games in the East African region. In an elaborate plot hatched by intelligence operatives, Dr Besigye was returned to Uganda by road through the eastern border outpost before being paraded before the General Court Martial in Makindye near Kampala.
Dr Besigye’s lawyer, Mr Erias Lukwago, has since put up resistance against the trial of his client before a court he says lacks jurisdiction to try civilians and also that the alleged offences were committed outside Uganda (Kenya).
The court presided over by Brig General Robert Freeman Mugabe is tomorrow, among others, expected to rule on the aforementioned issues.
Further in his reference to the regional court, Dr Besigye, citing the Constitutional Court landmark judgment of Rtd Capt Amon Byarugaba and others Vs the Attorney General of 2015, says their being paraded before a military court is illegal as the same is against the aforementioned court’s decision that held that it’s unconstitutional to try civilians before a military court.
Key prayers
Through their lawyers of Kiiza & Mugisha Advocates, Dr Kizza Besigye and Hajj Obeid Lutale are each seeking $100,000 (about Shs364m) in compensation.
They also want a permanent injunction restraining the government of Kenya from conducting, engaging in, or aiding any forced removals or abductions of foreigners from Kenya’s territory without due process of the law.
