Kenyan advocate of the High Court Miguna Miguna has advised President Yoweri Kaguta Museveni that he has no legal right to dictate whether Dr. Kizza Besigye is granted bail, tried fast or slowly.
Through his X handle, while answering to Museveni’s message, which he also issued through his X handle, Miguna Miguna, who is a former senior adviser to former Kenyan Prime Minister Raila Amollo Odinga between 2009 to 2011 disclosed that if Dr. Besigye committed any crime in Kenya or any other place, he should be tried there.
“Kaguta: Let’s start at the beginning. Dr. Kizza Besigye was kidnapped in Kenya and Illegally brought to Uganda. The Ugandan Courts military or civilian don’t have jurisdiction over crimes allegedly committed in foreign countries. If Dr. Besigye committed any crime in Kenya or any other place, he should be tried there,” Miguna Miguna who practiced as an attorney, a barrister and solicitor in Toronto, Canada said.
He added, “You have no legal authority to dictate whether Dr. Besigye is granted bail, is tried fast or slowly, or his charges dismissed or confirmed. That’s the function of the judiciary. Stop interfering with the judicial process. Free Dr. Besigye since it’s obvious that his abduction, illegal rendition and ongoing prosecution are politically motivated due to your fear of being removed from autocratic power by ordinary Ugandans.”
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STATE HAS FAILED TO JUSTIFY BESIGYE’S DETENTION – LAWYERS
Today morning, a frail Dr. Besigye together with his aide Hajji Obeid Lutale were arraigned before High Court Civil Division Judge Douglas Singiza Karekona for the hearing of a habeas corpus application seeking their release.
In their submissions today, Besigye and Lutale’s lawyers led by Lord Mayor Erias Lukwago argued that the state has failed to justify their clients’ continued detention.
Lukwago told Singiza that no charges are proceeding against Besigye and that the burden of proving a legal basis for his detention lies with the Attorney General, not the detainee.
He further pointed out that the Uganda Prisons Service had not presented any legal warrant ordering them to keep Besigye in detention and that there were no pending charges or a charge sheet tabled before the court to justify his imprisonment.
One of Besigye’s lawyers challenged Singiza arguing that he has the powers to release them.
During the first session, Judge Singiza had to order for an adjournment so that Besigye is taken back to prison due to his worsening health condition.
Singiza noted that Besigye appeared too weak to continue with proceedings and could faint in court.
Besigye’s legal team insisted that his continued detention is politically motivated, as he has not been formally charged in any civilian court.
They asked Singiza to issue an interim order for the release of Besigye so that he can seek better health care outside Luzira prison.
BESIGYE’S DETENTION IS LEGAL – GOV’T
Meanwhile, government contended that Dr. Besigye’s imprisonment is still lawful and the High Court has no authority to overturn a Supreme Court ruling.
The Attorney General Legal Officer Johnson Nahwera stated that the Supreme Court only ordered for the transfer of Besigye’s case, not his release.
Natuhwera said maintained that the issue at hand is Besigye and Lutale’s detention, which remains lawful.
He disclosed, “This court cannot review a Supreme Court judgment. If the Supreme Court wanted to cancel a remand warrant, it would have explicitly stated so. It did not order their release but only their transfer, meaning it was fully aware of what it was doing.”
Natuhwera pleaded with the judge not to be misled by the defense into misinterpreting the Supreme Court orders.
FINAL DECISION ON BESIGYE FOR NEXT WEEK
After hearing from Besigye’s Lawyers and representatives from the Attorney General’s office, Judge Singiza told both parties that his decision on the matter will be delivered not later than February 25, 2025.
GENESIS OF BESIGYE’S WOES
Dr. Besigye and Lutale have been on remand since November of last year following their abduction from Nairobi, Kenya. In November last year, the duo was charged with security-related offenses and later treachery at the General Court Martial.
However, in a ruling last month, the Supreme Court halted the trial of civilians in military courts.
LAWYER KIZZA SENT BACK TO KITALYA
Human rights lawyer Eron Kiiza also appeared before the High Court Civil Division in Kampala for the hearing of a habeas corpus application seeking his release from prison.
Civil Division Judge Dr. Douglas Singiza instructed the Attorney General, the Commissioner for Prisons, and Kiiza’s legal team to submit their arguments by the close of business on Thursday, February 20, 2025 arguing that these submissions will help the court determine whether to rule in favor of Kiiza’s release or uphold his conviction.
Kiiza, is part of Besigye’s legal team is serving a nine-month sentence handed to him by the General Court Martial last month for alleged contempt of court.
