The petition stems from allegations of Besigye's abduction by Ugandan security personnel in Nairobi, Kenya, on November 16, 2024, with claims of Kenyan authorities' complicity.
Prominent lawyers Andrew Karamagi, Godwin Toko, and Anthony Odur lodged the petition, challenging the legality of the abduction plus Besigye and Lutale's subsequent trial in a Ugandan military court.
The petitioners argue that the abduction and trial of the two suspects who were in Nairobi to attend the launch of a book by Kenyan lawyer and politician Martha Karua violate international and regional legal standards, including the Treaty for the Establishment of the East African Community (EAC). They condemn the use of military tribunals for trying civilians, asserting that it undermines judicial independence and fairness.
The lawyers contend that the abductions tarnish Kenya's image as a democratic safe haven, accusing its authorities of failing to prevent or investigate the incident, thereby jeopardizing regional stability and the rule of law.
The General Court Martial in Makindye, Uganda, where Besigye and Lutale face charges of undermining national security and illegal possession of firearms, has drawn criticism from human rights groups. Observers argue that the military court lacks impartiality and jurisdiction over civilians.
The latest developments come days after Besigye and Lutale were remanded to Luzira Prison for an additional eight days on December 2, 2024. The adjournment followed a request by their defence team, seeking time to secure a temporary practicing certificate for Karua, who is expected to lead the defence.
The next court date in Uganda has been set for Tuesday, December 10, 2024, while the EACJ proceedings are anticipated to gain momentum in the coming weeks.
Wycliffe Nyamasege
