By BM
A landmark ruling expected this Friday by the High Court in Kampala could redefine how Uganda interprets the constitutional right to bail in capital cases.
The court is set to decide whether opposition figure Dr. Kizza Besigye and his political ally Hajji Obeid Lutale Kamulegeya qualify for mandatory bail after spending over six months on remand without trial.
Presiding over the case, Justice Emmanuel Baguma said the ruling will be delivered by email before 10:00 a.m. on August 8, 2025, signaling a judgment that could have significant legal and political implications.
Besigye and Lutale are facing treason charges linked to alleged activities in Kenya, Greece, and Switzerland between 2023 and November 2024.
However, their continued detention without formal trial has reignited debate around Article 23(6) (c) of Uganda’s Constitution, which guarantees bail for individuals charged with capital offenses who have been on remand for more than 180 days without being committed to the High Court.
Their lawyer, Fredrik Mpanga, argued that his clients’ constitutional rights have been violated; noting they were first detained on November 20, 2024, and had surpassed the 180-day limit by May 19, 2025.
He insisted that the transfer of the case to a magistrate’s court earlier this year did not reset the clock.
But the Prosecution, led by Chief State Attorney Richard Birivumbuka, contested this position.
He argued the remand period should begin from February 21, 2025, when the suspects were presented before the Nakawa Magistrates Court.
He also expressed concerns that the accused have connections in the countries where the alleged offenses occurred, which could enable them to interfere with witnesses if released.
The case has drawn attention not only for the high-profile names involved, but also for the legal question it raises about pretrial detention, state power, and the scope of constitutional protections.
Legal observers say the outcome may influence future interpretations of mandatory bail provisions, especially for political detainees and those facing capital charges.
High-profile sureties were presented in support of Besigye’s bail, including MP Ibrahim Ssemujju Nganda, MP Harold Muhindo, MP Thaddeus Kamara, and former opposition leader Wafula Oguttu.
Lutale’s sureties included family members: his wife, Harimah Nagitta, his brother, and two daughters.
Justice Baguma’s ruling is now being closely watched, not only by the accused and their supporters, but also by legal practitioners and human rights advocates across the country, who view this as a test of Uganda’s adherence to due process and constitutional safeguards.
