The Uganda Law Society (ULS) has strongly criticized the High court’s decision to deny bail to opposition figure Dr Kizza Besigye and Hajji Obeid Lutale, describing the ruling as speculative and lacking legal foundation.
On April 11, 2025, Kania denied bail to Besigye and Lutale, despite the accused satisfying all standard bail conditions, including fixed place of abode, advanced age, no criminal record, substantial sureties and presumption of innocence.
The judge cited the seriousness of the treason and misprision of treason charges, along with the ongoing nature of investigations and the alleged international scope of the plot. She ruled that releasing the accused could risk interference with investigations.
Speaking during the ULS weekly press briefing at its Kampala secretariat on Thursday, ULS treasurer Arthur Isiko said lady justice Rosette Comfort Kania’s decision to deny bail based on a potential interference with investigations was not grounded in evidence.
“Bail applications should be denied or accepted based on clear legal grounds, and where those grounds are proved, the person is supposed to be granted bail,” Isiko stated.
Kania had ruled that the accused were likely to interfere with investigations, citing the gravity of the charges and the transnational nature of the alleged offences. However, Isiko emphasized that this line of reasoning was contrary to the legal principle of presumption of innocence.
“Speculation in this case, like it was when Lady Justice Kania ruled that the accused would interfere with ongoing investigations without any evidence, is not warranted,” he added.
ULS called on judicial officers to uphold the law and avoid decisions that compromise individual rights through unsubstantiated assumptions. Isiko urged Besigye and Lutale’s lawyers to reapply for bail, expressing optimism that another judicial officer would grant it based on merit.
Also speaking at the briefing, senior counsel Henry Kunya emphasised the urgent need to review Uganda’s bail guidelines, questioning their current relevance and adaptability.
“We need to look at different pertinent questions regarding the bail guidelines. How relevant are they? Can we adjust them periodically? Who are the end users? Can we get bail victims or beneficiaries to tell their stories?” Kunya asked.
He also criticised delays by the Office of the Director of Public Prosecutions (DPP), noting the need to balance the interests of justice for both the accused and the prosecution.
“We know the mandate of the DPP, they’re in charge of prosecutions and investigations, working hand-in-hand with security agencies. But the question is: how much time should be given to this, especially when the accused is already before the court? It’s a very delicate balancing act that must be addressed,” Kunya queried.
Besigye and Lutale, who were arrested in Kenya and repatriated to Uganda, are jointly charged with Captain Denis Oola of the UPDF.
The prosecution alleges that the trio solicited firearms and financial support in Switzerland, Greece, Kenya, and Uganda to overthrow the government. They have been remanded until April 30, 2025, when they will return to Nakawa Chief Magistrate’s court for an update on the progress of investigations.
Do not say that the public did not warn these power greedy politicians of this country that it is a waste of time for the Uganda electorate to continue to participate in NRM prepared national elections. Such is the sort of justice that will be put up whenever oppenents of this long serving government are arrested and imprisoned because they have a different political opinion from that of NRM government. These long time national elections are very expensive to the tax payer and they are very violent, rigged and not free and fair. The advice is for the electorate of the Kingdom state of Buganda to stay put at their homes whenever these biased national elections are organised!
Kabayekka, it pains me to no end to see that the opposition in general, but NUP/Kyagulanyi in particular, willfully don’t see “that it is waste of time for the Uganda electorate to continue to participate in NRM prepared national elections.”
You’re absolutely right that, “these power greedy politicians of this country.” Whoever “a different political opinion from that of NRM government,” wants to [overthrow] the govt. M7 has made it treasonable to have a different political view than his. M7 believes that he is the only one who is ordained to rule Uganda for life! So, why do we waste time and taxpayers’ money to elect M7, with clear knowledge that he is the only winner and a life president of Uganda.
Don’t blame Ms. Kania. She is probably under a lot of pressure from the high and mighty of this country….. We know how this government works.
Kabayekka and Remase, I am in for the opposition boycotting the elections. However, I also know that if opposition boycots the election, it plays right into what M7 and NRM want. All they will do is stage-manage the whole process by simply nominating another weak NRM person to stand as opposition candidate to make the whole process look legit! Therefore, my opinion is that the opposition should continue to participate, not necessarily to win, as we know they cannot be allowed to win by M7/NRM, but to further expose the emperor’s nakedness.
Kabayekka, there you have it. Uhuru is one of those who are keeping us in subjection simply because, “the opposition should continue to participate [in bogus elections], not necessarily to win, as we know they cannot be allowed to win by M7/NRM, but to further expose the emperor’s nakedness.”
I have always asked, what is it that we don’t know, or which has not been exposed about M7 in the 40 years of autocracy, which, if known, will stop further exposure of the emperor’s nakedness? There’s no Ugandan that I know of who doesn’t know M7’s “nakedness.” Uhuru clearly knows that M7 “cannot allow the [opposition] to win, however, mbu they continue to participate in bogus election [mbu] to continue exposing M7’s nakedness, right? Then what? No one has ever exposed M7’s nakedness better than Besigye. To this date, Besigye remains the biggest if not the largest threat to M7. That’s why Besigye is the most persecuted opposition figure in M7’s regime. However, despite all that exposure of M7’s nakedness, Uhuru, Kyagulanyi and NUP wants us to believe that they’re on a mission to expose M7’s nakedness, kuumbe they’re only interested in getting their hands on taxpayers’ money like M7.
Well, at least Uhuru has been brutally honest that he knows they cannot win. However, he had to justify why they love the bogus elections, which they cannot win, but simply in it to make money.
Well, Remase, you think not participating in the election will stop M7/NRM from going ahead with it? Clearly you do not understand, or simply ignore, the value in letting someone keep making mistakes, which eventually will be their down fall. I might be wrong, but…. you sound like an NRM cadre doing the bidding….. we have seen several of your kind!
Uhuru, this is a rhetorical question, what is the definition of doing the same thing over and over again and expecting different results? You clearly know that you won’t and/or can’t win, why do you keep participating in bogus election? Mbu because, “All they will do is stage-manage the whole process by simply nominating another weak NRM person to stand as opposition candidate to make the whole process look legit!” So be it. The fact remains, either M7 nominates another weak NRM person to stand as opposition candidate or you, the so-called opposition, stand against M7, you won’t and can’t win, but you end up in the same position, legitimize M7 as dully elected. The most damage you cause by participating in bogus elections, is the division of Ugandans along political and personal affiliation. In any contest, especially politics, one always affiliates with the party or person with the same political ideology. In Uganda, our common political ideology is one, to bring a fundamental change and/or get rid of M7’s autocratic and oppressive regime. We’ll never unit as one if we keep participating in bogus elections. A perfect example is the recent Kawempe byelections. M7 did what he knows best, that is violence. M7, who is the master of violence and rigging elections, now claims that those elections were rigged due to the violence he himself orchestrated [and always orchestrates]. What change did those elections bring to Uganda? We’re still in the same position. M7, Kyagulanyi, NRM, NUP and all other political leaders are making money and/or wasting taxpayers’ money for doing nothing but maintaining pure corruption and autocracy! Of recent, M7 rewarded MPS with Sh. 100m each for passing the coffee bill and will be passing the anticipated militant bill.
Uhuru, that’s what you’re enjoying and the reason why you passionately love bogus elections.
{it is a waste of time for the Uganda electorate to continue to participate in NRM prepared national elections. Such is the sort of justice that will be put up whenever oppenents are arrested and imprisoned because they have a different political opinion. These long time national elections are very expensive to the tax payer and they are very violent, rigged and not free and fair. The advice is for the electorate to stay put at their homes whenever these biased national elections are organised!}
kabayekka, right, but,
Only Ugandans, in UNITY, will have the power to stop NRM/Museveni, then put in place the kind of governance they want!
POWER for change belongs to Ugandans, but only if they say NO to the tribalistic system & UNITE as ONE PEOPLE, to block & show Museveni way out!
{Kabayekka, it pains me to no end to see that the opposition in general, willfully don’t see “that it is waste of time for the Uganda electorate to continue to participate in NRM prepared national elections.”
M7 has made it treasonable to have a different political view than his. M7 believes that he is the only one who is ordained to rule Uganda for life! So, why do we waste time and taxpayers’ money to elect M7, with clear knowledge that he is the only winner and a life president of Uganda.}
Remase, thanks.
Ugandans MUST WAKE UP, NOW or they will be ignored by the rest of the world for good!
Remase, thanks.
Any so call opposition leader who will lead Ugandans to next useless fake presidential election will only show he’s more evil than Rwandese Museveni & wants Uganda to remain the migrants’ family business for good, while Ugandans fight one another for posts & remain powerless tribally divided ruled slaves!
Why are Ugandans ensuring they remain slaves in the zone formed by their tribal lands & to a migrant?
Akot, I must admit that I lack words to use to explain the greed of our opposition leaders which is exhibited. It’s unfathomable to see that Kyagulanyi is so eager to participate in bogus elections on a claim that there’s democracy in Uganda, and he is determined to show us that it works! In the Arua by elections, M7 killed Kyagulanyi’s driver, Yasin Kawuma, whom the killers had believed to be Kyagulanyi. In the 2021 presidential elections, in which Kyaguanyi blamed Besigye to be the problem because, he stood against M7 4 times and lost, Kyagulanyi declared that we have democracy in Uganda. M7 killed over 150 innocent people, however, after Kyagulanyi was released, he went on his business as usual and M7 continued killing innocent Ugandans! To this date, over 3,000 innocent Ugandans are still detained since November 2020, but Kyagulanyi cares less and its business as usual!
No matter how violent M7 is, to Kyagulanyi and NUP don’t care, as long as they make money, they are willing to take that risk! A perfect example is the Kawempe byelections! That is what pains me to no end and unable to fathom!
What about you Sudanese Akot …what are you doing debating Ugandan business? You should be discussing matters concerning the white army, Dinka and stuff like that.
Akot, my dearest, this sounds like Wooden K. He always hides behind bogus names because he can’t sustain any constructive argument. That’s why he always resorts to insults.
Good enough you didn’t respond to that sleazebag.