After more than eight months behind bars, former presidential candidate Dr. Kizza Besigye and his longtime political ally, Hajj Obeid Lutale Kamulegeya, are now just one day away from learning whether they will finally regain their freedom.
Their fate lies in the hands of High Court Judge Emmanuel Baguma, who announced on Wednesday evening that he would deliver his ruling on their mandatory bail application by email this Friday, August 8.
“We’ve been here the whole day. Allow me to use tomorrow and deliver the ruling on Friday with conditions and terms,” said Justice Baguma, addressing the packed courtroom.
Besigye and Lutale’s ordeal began on November 16, 2024, when they were arrested in Nairobi, Kenya. Just four days later, they were flown back to Uganda and charged before the General Court Martial in Makindye with treason and related offenses.
The charges allege offenses committed as far away as Kenya, Greece, and Switzerland. If convicted, they face the death penalty.
The political nature of their arrest and prosecution drew widespread attention, especially given the controversial decision to charge civilians in a military court.
In January 2025, the Supreme Court ruled that trying civilians in military courts was unconstitutional, ordering their cases to be transferred to civilian courts.
It wasn’t until February 21, 2025, that the pair appeared at Nakawa Magistrates Court, where they were again charged—this time in a civilian court—and remanded to Luzira Prison
After months in detention, the defense team applied for mandatory bail, arguing that their clients had been held for over 180 days without being committed to the High Court—a direct violation of Uganda’s Constitution.
“The remand started on November 20, 2024, and has now exceeded 180 days. The Constitution is very clear. They should be released,” said defense lawyer Fred Mpanga during Wednesday’s hearing.
He added that the time Besigye and Lutale spent in military custody should count toward the 180 days, a position backed by Kampala Lord Mayor Erias Lukwago and Kenyan legal heavyweight Martha Karua, who is also part of the defense team.
“There is only one State of Uganda. You cannot ignore the time they were held by the State, even if it was in a military facility,” Karua said.
Lukwago noted that as of today, the two men have been on remand for 263 days.
But the State disagrees. Chief State Attorney Richard Birivumbuka argued that the clock should only start from February 21, when the case was officially taken over by the Director of Public Prosecutions (DPP)
“They had only spent 98 days in remand under the DPP’s watch. The earlier period under the military court doesn’t count,” he said.
He also warned that releasing the two men would risk witness interference, claiming they had contacts abroad in the same countries where the alleged offenses took place.
Birivumbuka further dismissed the sureties presented in court—including MPs, former leaders, and family members—as insufficient and unsubstantial.
Among those who stood surety for Besigye were:
- Ibrahim Ssemujju Nganda, MP for Kira Municipality
- Harold Muhindo, MP for Bukonzo East
- Nicholas Thadeus Kamala, MP for Kabale Municipality
- Wafula Oguttu, former Leader of the Opposition in Parliament
Lutale was backed by his family, including his wife Harimah Nagita Lutale, his brother, and his two daughters.
For many in court, this is more than a legal battle. It’s about justice, rights, and the slow grind of a system that too often feels stacked against those who dare to challenge it.
After months of delays, legal back-and-forths, and the emotional weight of incarceration, Friday’s ruling will bring long-awaited clarity—either in the form of freedom or further remand.
And for Besigye and Lutale, waiting once again, the question lingers: will this be the day they walk free?
