Judge Emmanuel Baguma of the High Court, criminal Division in Kampala, has Friday evening dismissed Dr. Kizza Besigye and Hajji Obeid Lutale’s application, seeking mandatory bail, on ground that the duo had spent over 180 days by the time of filing the application.
In a thirteen page ruling, Baguma noted that, much as the duo’s legal team tried to convince court over the time spent on remand, but the same wasn’t evident on court record much as the said time is in public domain.
He also noted that, according to the lower court’s record, time spent on remand begun from February 21, 2025 not the November 20, 2024 as claimed by the applicants.
“Counsel for the applicants provided a wealth of authorities which i have closely analyzed and found them to be distinguishable from the current case before court.” Judge Baguma noted.
“Counsel Mpanga and the team labored so hard to convince court that the period of remand should be calculated from 20th November 2024 when the applicants were allegedly first remanded by the military court. While this argument maybe in public domain, no regent was presented before court to that effect.” Judge Baguma further observed.
Part of the ruling by Judge Emmanuel Baguma of the High Court.
He agreed that much as courts are aware of judicial notices in some cases, but in this one, evidence on record was key to grant them mandatory bail.
“While courts have taken judicial notices in some cases, it is my considered view and opinion that judicial notices cannot extend to matters in public domain.” Baguma cautioned.
Before dismissing the application, Baguma noted that, there were no chargesheet, court martial file number or any remand records of the said remand arising from the court martial as claimed by the applicants.
Baguma said, that issues like sureties substantiality was of no value after finding the application null and void.
“Having found that the applicants had not clocked tjhe mandatory period which is the bedrock of this application, I don’t find it prudent to delve in other concerns likes substantiality of the sureties and ability of the applicants to return for trial as doing so will be superfluous.” Baguma ruled.
However, after the application dismissal, Judge Baguma has directed the High court registrar to cause list the session for the main application under case No. 335 of 2025 for immediate hearing, before advising the applicants should now turn their focus on the main application than spending time on bail applications since the same has been committed for trial.
“However, for the interest of justice for both parties, and bearing in mind the right to liberty enjoyed by the applicants, since the applicants have been committed for trial in the High Court under session case No. 335, it is my considered view that priority be given to hearing the main case other bail applications”. Baguma further ruled.
“I accordingly direct the deputy Registrar of this court to cause list the session case No. 335 of 2025 for immediate hearing.” Judge Baguma ordered.
More orders by Judge Baguma denying Besigye and Lutale Mandatory bail.
It should be recalled, that Dr. Kizza Besigye, a veteran opposition figure in Uganda’s politics opposing a 40 year regime which opposition refer to as dictatorship and his aide Hajji Obeid Lutale Kamulegeya were kidnapped from Kenya when they had gone for a book launch Hon. Martha Karua before being sneaked back to Uganda to be charged with charges related to illegal possession of ammunition and attempt to over throw the government.
The duo felt relieved the supreme court ruled in Hon. Michael Kabaziguruka case, that the court court martial was an illegal outfit holding out as court and ordered for the transfer of all files therein to civilian courts for the Director of Public Prosecution (DPP) to take over.
Even when they files are said t have been transferred, the charge-sheet was amended, Treason and misprision of treason were preferred against the duo and upto date, their efforts to secure bail are being rendered futile.
By; Mukose Arnold Anthony,
Digitalk Tv, Senior Jouranlist and Programmes Director.