pressug.com News 24 7
Related Articles
A week in Uganda’s courts offered a striking reminder that some of the country’s most consequential political battles are now unfolding not on campaign platforms or in parliamentary chambers, but before judges in crowded courtrooms.
Within a few days, the High court refused to halt Dr Kizza Besigye’s treason trial, former Butambala County member of parliament Muwanga Kivumbi walked out of prison on bail only to be abducted less than 24 hours later, and former Kampala Lord Mayor Erias Lukwago made an emotional plea for medical treatment from his prison cell.
At the same time, former Parliament director of communications Chris Obore sought bail over an alleged Shs 37 billion corruption scandal, while another High court judge drew clear limits around the powers of the Inspector General of Government by blocking the summons of a lawyer over a case that had already been settled by the courts.
Although the cases are unrelated, together they paint a picture of a judiciary increasingly being called upon to balance individual rights against the powers of the State.
BESIGYE BID REJECTED
The week’s first major decision came in the long-running treason case against opposition veteran Dr Kizza Besigye and his co-accused, Hajji Obeid Lutale Kamulegeya.
The pair had asked the High court to terminate the criminal proceedings altogether, arguing that the circumstances surrounding their arrest and detention fatally undermined the case against them.
They alleged they had been abducted from Nairobi by Ugandan security operatives, detained at Makindye Military Barracks beyond the constitutional 48-hour limit, denied access to lawyers and medical treatment, and subjected to treatment that violated their constitutional rights.
Besigye also argued that public comments by the Chief of Defence Forces, Gen Muhoozi Kainerugaba, had prejudiced his right to a fair trial after remarks suggesting he should be hanged.
Government lawyers rejected those claims, maintaining that both men had been lawfully arrested, informed of the charges against them and granted access to legal representation and medical care. Justice Emmanuel Baguma agreed with the prosecution.
Delivering his ruling electronically, the judge dismissed the application as incompetent and described it as an abuse of court process intended to delay the trial. He found that the affidavit evidence presented by Besigye and Lutale was insufficient to establish the constitutional violations they alleged.
The judge also questioned why the application had been filed only after the court directed the prosecution in June to begin presenting witnesses, suggesting the timing appeared to be an afterthought rather than a genuine constitutional complaint.
Most importantly, Justice Baguma drew a distinction between allegations of rights violations and the criminal proceedings themselves. Even where constitutional rights are alleged to have been breached, he ruled, those complaints should ordinarily be pursued through separate legal avenues rather than being used to stop an ongoing criminal prosecution.
With the application dismissed, the court directed that the treason trial proceed as scheduled. At the same time, prison authorities were instructed to continue allowing defence lawyers access to Besigye and Lutale while they remain on remand awaiting trial.
KIVUMBI GRANTED BAIL, RE-ARRESTED A DAY LATER
Barely had that ruling settled before another courtroom drama unfolded. Former Butambala County MP Muwanga Kivumbi Muhammad had every reason to believe his legal fortunes had changed.
The International Crimes Division had granted him and 22 co-accused bail after months on remand over terrorism charges arising from an alleged attack on Kibibi police station and the Butambala Electoral Commission tally centre during the January 2026 election period.
Prosecutors allege the accused orchestrated violent attacks between January 11 and 17 that left seven people dead and caused damage to roads and vehicles. In granting bail, Justice Susan Okalany found that the applicants had demonstrated fixed places of residence and, in most cases, produced sureties capable of guaranteeing their attendance in court.
The prosecution had argued that the seriousness of the charges, the possibility of witness interference and the risk that the accused might abscond justified continued detention. The judge was unconvinced.
“The refusal to grant bail should not be based on mere allegations. The grounds must be substantiated,” Justice Okalany ruled.
She also expressed concern about the length of time the accused had already spent in custody before trial.
“Prolonged pre-trial detention, in the absence of compelling justification, offends both the presumption of innocence and the right to a fair and expeditious trial,” she observed.
The court imposed strict conditions. Kivumbi was ordered to execute a cash bond of Shs 10 million, while each of the remaining accused was required to pay Shs 1 million. Passports had to be surrendered, all accused were required to report regularly to court, and six applicants were directed to present fresh sureties for examination.
For a brief moment, it appeared the long legal battle had taken a favourable turn. It lasted less than a day. On Friday afternoon, while travelling from Butambala to Kampala through Mpigi Town, Kivumbi was stopped and bundled into a waiting “drone.”.
His lawyer, Samuel Muyizzi, said a drone vehicle blocked the road, forcing Kivumbi’s vehicle to stop before security operatives took him away at high speed. The latest arrest is thought to have been triggered by remarks Kivumbi made during a “rally” at his home, hours after his release.
In his remarks, he attacked President Museveni, first lady Janet Museveni, and the CDF directly. His whereabouts remain unknown.
LUKWAGO PLEA REJECTED
The week’s legal drama did not end there. In another courtroom, former Kampala Lord Mayor Erias Lukwago delivered one of the most emotional moments of the week, telling the court that his greatest concern was no longer the criminal charges he faces but whether he would survive long enough to defend himself.
Appearing via Zoom from Luzira Prison before Grade One Magistrate Joan Nanjala, the People’s Front for Freedom leader described a body that, in his account, had been worn down by illness and prison conditions.
“In the natural course, I am sentenced to death. I am condemned to death,” Lukwago told the court.
If treatment was no longer possible, he made a deeply personal request.
“Let me be put on some palliative care so that I die a less painful death. Otherwise, the pain is too much.”
His account was supported by a detailed description of his medical condition. According to Lukwago, specialists at Mulago National Referral Hospital had diagnosed five chronic illnesses, including permanent lung damage that leaves him struggling to breathe in poorly ventilated spaces.
He also cited complications arising from cervical spine surgery performed in India in 2024, where artificial discs were implanted. Doctors, he said, had been unable to conduct a follow-up MRI scan because they were uncertain whether the implants were compatible with the equipment available.
Instead, they recommended that he urgently return to India for further assessment by the surgeons who performed the operation. Lukwago also told the court he suffers from hearing and balance disorders, severe acid reflux, a hiatal hernia and long-standing hypertension.
One of his complaints centred on prison conditions, where he said officials had dismantled a specially prescribed therapeutic pillow needed to manage his condition while sleeping.
His lawyer, Medard Ssegona, urged the court to fast-track specialised treatment, arguing that a herniated disc identified in a medical report dated June 30 required urgent intervention.
After briefly adjourning to consider the application, Magistrate Nanjala fixed July 16 for further directions on Lukwago’s health and his application for bail. Lukwago is charged with misprision of treason over an alleged coup plot involving Dr Kizza Besigye, allegations he denies.
CHRIS OBORE’S BAIL BID SENT TO HIGH COURT
Elsewhere, another politically significant prosecution moved a step closer to the High court. Former parliament director of communications Chris Obore appeared before the Anti-Corruption court alongside seven co-accused over allegations involving the theft of more than Shs 37 billion in public funds.
Seeking bail, Obore argued through an affidavit that release pending trial was his constitutional right. He told the court he posed no threat to ongoing investigations, had no previous criminal convictions, had identified suitable sureties and had no intention of leaving the country.
The Inspectorate of Government opposed hearing the application before the magistrate’s court. State attorney Daisy Acio argued that because the case includes a money laundering charge, jurisdiction properly rests with the High court.
She also noted that investigations were still continuing. Rather than determining the bail application, the court ruled that it should be heard by the High court, which has jurisdiction to consider such applications even before the case is formally committed for trial.
Obore and the other accused remain on remand at Luzira Prison until July 27. They face allegations of embezzling funds earmarked for donations and corporate social responsibility activities, together with a separate money laundering charge involving Shs 10.9 billion. None has yet entered a plea.
Related
, https://observer.ug/news/one-week-of-bail-tears-and-treason/
