High Court Dismisses Kizza Besigye’s Bail Application Over Failure to Prosecute Case

KAMPALA, UGANDA — The High Court in Kampala has dismissed a bail application filed by veteran opposition politician Dr. Kizza Besigye and his co-accused Obeid Lutale, ruling that the applicants failed to prosecute their own case after declining to proceed with the hearing in the absence of their preferred lead counsel.

The decision, delivered on Wednesday by Justice Emmanuel Baguma, means the two remain on remand as criminal proceedings against them continue.

Court Dismisses Bail Application

The bail application stemmed from the ongoing criminal case facing Besigye and Lutale and had been filed by a legal team comprising 13 law firms representing the applicants.

The hearing had been scheduled for July 3 by mutual consent of both the prosecution and defence.

However, when the matter came up for hearing, none of the defence lawyers appeared before court.

According to the ruling, Besigye informed the court that his legal team was experiencing an internal impasse and insisted that the bail application could not proceed without Senior Counsel Martha Karua and lawyer Erias Lukwago, whom he considered his preferred lead counsel.

Prosecution Asked Court to Dismiss Application

Chief State Attorney Richard Birivumbuka argued that the absence of the two lawyers should not prevent the hearing from proceeding.

He told the court that the applicants were already represented by 13 law firms and numerous advocates who were capable of handling the application.

The prosecution asked the court to dismiss the application under the provisions of the Judicature Act, arguing that the applicants had failed to prosecute their own case.

Judge Says Applicants Opposed Their Own Bail Request

Justice Baguma agreed with the prosecution, holding that the applicants had been given a fair opportunity to present their bail application but instead declined to proceed.

“There was an opportunity and window for the applicants to apply for bail on their own and produce sureties for court’s consideration but surprisingly, the applicants opposed their own application,” the judge ruled.

He further held that insisting on specific legal representatives under the circumstances amounted to an abuse of the court process.

The court consequently dismissed the bail application for want of prosecution.

Defence Criticises Court Decision

Following the ruling, defence lawyer Samuel Muyizzi strongly criticised the court’s decision, describing it as a “smokescreen of justice.”

Muyizzi argued that although the judge had the discretion to grant or deny bail, that discretion should have been exercised fairly and judiciously.

“We are not surprised by the ruling by Justice Baguma, but we expected he would have found different reasons and not a failure of prosecution. He has the discretion to deny or grant the application, but it has to be judicious,” Muyizzi said.

Defence Insists Besigye Has Right to Counsel of Choice

Muyizzi maintained that the court and the state had created circumstances that prevented the defence from proceeding by excluding Martha Karua, whom the defence considers Besigye’s chosen lead counsel.

According to the lawyer, every accused person has the constitutional right to choose legal representation.

“An applicant chooses who represents them before the court, and Besigye chose Martha Karua alone to lead the matter. The decision of the court is not proper and not judicious. There was no abuse of court process by the applicant,” Muyizzi argued.

Pending Legal Representation Issue Raised

The defence also contended that the court should first have determined an outstanding application concerning Besigye’s right to be represented by counsel of his choice before considering the bail application.

Muyizzi said the defence had requested the court to compel the state to clarify its position regarding the reported persona non grata status of Martha Karua.

He argued that by proceeding without resolving that issue, the court had effectively chosen legal representation for the accused.

The defence lawyer further described the ruling as political rather than judicial and indicated that the legal team would consider its next legal steps.

Besigye and Lutale Remain on Remand

Following the dismissal of the bail application, Dr. Kizza Besigye and Obeid Lutale will remain on remand as the substantive criminal case continues before the High Court.

The ruling marks another setback for the defence, while attention now shifts to the ongoing proceedings in the main case.