Kenyan High Court to hear Besigye ‘illegal extradition’ case

_______________

The Kenyan High Court has set a date for the mention of the constitutional petition number HCCH RPET/E461/2025 of Kiiza Besigye vs Kenyan government (Cabinet Secretary for Interior and Co-ordination of National Government) on illegal extradition to Uganda. The petition was filed by Dr Col (rtd) Besigye and his aide, Hajji Obeid Lutale.

The decision follows a petition filed by the duo challenging what they call the unlawful arrest in Nairobi and the subsequent extradition from Kenya to Uganda, which they claim was done without following due legal process.

According to Besigye’s lawyer, Erias Lukwago, the Milimani High Court has set September 29, 2025, to hear the petition seeking several declarations that their extradition did not meet the Commonwealth Extradition Act Cap. 77.

The Kampala Lord Mayor Erias Lukwago addressing the media at Plot 6 Katonga Road on Thursday July 31, 2025 in Nakasero Kampala. (Photo by Isaac Nuwagaba)

“This case in the Kenyan High Court follows a similar lawsuit filed by Besigye and Lutale at the East African Court of Justice in Arusha, Tanzania, in December 2024, highlighting their multifaceted legal challenge against unlawful rendition,” Lukwago, who is also Kampala Lord Mayor, the while addressing media at Plot 6 Katonga Road on Thursday, July 31, 2025.

Through James Njeri and Company Advocates' petition, the pair claim they were abducted within Kenyan territory by armed men in civilian clothes who identified themselves as Kenyan police officers before being handed over to Ugandan security and taken to the military court martial.

Besigye, 68, a four-time presidential candidate, and Lutale were arrested in Nairobi on November 16, 2024, and subsequently transferred to Uganda, where they face charges of treason and possession of firearms.

Lukwago argued that the extradition did not meet the strict requirements of Kenya's Extradition (Commonwealth Countries) Act Cap. 77, which sets out the legal process for surrendering individuals to other Commonwealth states.

“Upon arrival in Kampala, Uganda, the petitioners were detained incommunicado at Makindye Military Barracks. It is their case that they were denied the rights of an arrested person, including being denied access to lawyers, medical assistance,” Lukwago insisted.

In his affidavit, Besigye said that on November 20, 2024, they were produced before the General Court Martial sitting at Makindye and charged and remanded to Luzira Government Prison, where they have been languishing since.

“On January 14, 2025, the charge sheet was amended to include additional offences and add another person named as Capt. Denis Oola, but I denied all the charges,” Besigye added in his affidavit on June 13, 2025.