Besigye, Lutale bail ruling for Friday

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The High Court is expected to deliver a bail ruling on Friday, August 8, 2025, in a case in which four-time presidential candidate Dr Kizza Besigye and his aide, Hajji Obeid Lutale, are battling charges of treason.

Justice Emmanuel Baguma said he will deliver the ruling via email before 4:00pm.

The duo sought mandatory bail, arguing that it had spent over 180 days in custody without committal to the High Court.

Their lawyers, led by Elias Lukwago, informed the judge that their two clients have been on remand since November 20, 2024, following their arrest on November 16, 2024, in Nairobi, Kenya.

Dr Kizza Besigye interacts with his lawyers during the court session at High Court in Kampala on August 6, 2025. (Photo by Maria Wamala)

Mpanga was quick to cite Article 23(6)(c) of the Constitution, which provides that a person charged with a criminal offence triable by the High Court and has been on remand for 180 days before committal, that person shall be released on bail on conditions set by the court.

The defence further noted that even the committal date cited by the state—May 26, 2025—was past the constitutional limit, as it fell on the 188th day. He has implored the court to release Besigye and Hajji Lutale on mandatory bail, asserting that the change from military to civilian court was merely a change in form, not in the fact of continuous custody by the state.

Bail opposed

However, chief state attorney Richard Birivumbuka opposed bail for Dr. Kizza Besigye, contending he is a flight risk and will engage in witness intimidation once released on bail.

Birivumbuka stated that Besigye's release poses serious threats to public interest, national security, and the administration of justice.

Basing on an affidavit sworn by detective senior superintendent of Police Ronald Were, an investigator attached to the Directorate of Criminal Investigations, contended that Besigye is not a law-abiding citizen, but rather someone with a history of repeated arrests and pending criminal cases.

Were's affidavit also points out that Besigye has a pending charge of incitement to violence before Buganda Road Court, which he committed while out on bail and as such is evidence that he is likely to re-offend if released.

Further, the prosecution claims Besigye previously absconded court proceedings in 2017, prompting the withdrawal of a case, and publicly vowed not to attend court again. The state is further accusing Besigye of using his political influence and public platforms to ridicule judicial officers, intimidate witnesses, and undermine court processes.

According to the state, Besigye is currently facing grave charges, which are cross-border, syndicated, and carry a possible death sentence, maintaining that his release would jeopardise ongoing investigations and the integrity of the trial process.

Birivumbuka further denies that the DPP inherited charges at the GCM and insists fresh investigations were made and fresh charges of Treason were preferred.

He adds that the  Constitution bars the DPP from taking over proceedings from the GCM and there is no evidence of such a record.