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Citizen Posts
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Veteran politician Dr. Kiiza Besigye has been denied bail for the 2nd time in 9 months ever since he was abducted from Nairobi last year in November. This has further extended his stay being the gates of Luzira prisons.
This is Besigye’s 2nd bail application to be rejected. his first attempt was shot down before Justice Rosette Comfort Kania on April 11th who never clarified the exact reason but she said the magnitude of the case was too big for the accused to be granted bail despite presenting substantial sureties.
Besigye’s legal made a second attempt for a bail application on grounds that the accused have spend over 180 days without bail which qualified them for the mandatory bail. After the back and forth, pull and push struggles, Justice Emmanuel Baguma managed to fix it for hearing.
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Deliberations on the same were done early this week with Chief Prosecutor Richard Birivumbuka insisting Besigye has not spent 6 months on remand and doesn’t qualify for the mandatory bail enshrined in article 23(b) and (c).
In reply to Besigye’s application, prosecution in an affidavit by a D/IP Kukundakwe Busingye opposed the ruling on grounds that Besigye and his co-accused Hajji Obed Lutale Kamuregeya had spend 180 days on remand without trial and that they shouldn’t be released.
“It’s not true that by the time of filing this application on 28th May 2025, the 1st applicant had spent 180 days on remand. He had in fact spent 98 days on remand since he was charged before Nakawa Chief Magistrate Court vide Nakawa Criminal Case No. A0008 OF 2025, ON 21st February 2025 and as of today the applicant has spent 162 days on remand”- reads part of the DPP grounds.
This clearly indicates that all proceedings and prison period handed to Besigye and his co-accused were rendered null and void by the January 31st Supreme Court Ruling which halted the trial of civilians in the General Court Martial which has since returned in a new style after parliament passed all the amendments and subsequently signed into law by President Museveni.
Therefore, Besigye’s known first date of remand according to DPP starts from his first time appearance at the Nakawa Chief Magistrates court when the state transferred his case files form the then defunct Court Martial to the civilian court for fresh mention and trials.
This also now gives Besigye another chance for a mandatory bail application when he qualifies in the next 18 or 20 days from this day of the judgement. Once he applies, state would instead look at other technicalities since the accused would have clocked the number of days for mandatory bail.
Dr. Kiiza Besigye faces charges of terrorism, subversion and threat to National peace which prosecution claims were committed from Kampala, Uganda, Athens in Greece, Geneva in Switzerland and Nairobi in Kenya alongside a UPDF officer called Captain Denis Ola who is also behind bars.
Justice Emmanuel Baguma concurred in his ruling with the Prosecution saying Besigye’s remand period started to be counted from the Nakawa court not the Court Martial in Makindye where he appeared in November.
“It is in my considered view that for court to be able to calculate the time spent on remand in this instant application, we must look at the lower file which this application arises from which is the Chief Magistrates’ of Nakawa A-0008 of 2025”- reads part of the ruling.
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