Kizza Besigye sues Kenya, Uganda in East African court
Kizza Besigye and his colleague Obeid Lutale stand in the steel dock at the General Court Martial in Makindye suburb of Kampala, Uganda, on November 20, 2024.
Besigye argues that the Kenyan security forces aided their Ugandan counterparts to carry out what he called an extraterritorial abduction.
Ugandan opposition leader Dr Kizza Besigye has sued the governments of Kenya and Uganda over his abduction from Nairobi before being forcibly returned to Kampla and tried in a military court despite being a civilian.
In a petition filed at the East African Court of Justice (EACJ) Kampala sub-registry, on December 4, Dr Besigye argues that Kenya aided the Ugandan security forces to carry out what he calls an extraterritorial abduction, a move he says violates several provisions of the 2010 Constitution of Kenya and the East African Community Treaty.
Dr Besigye, a former personal physician to President Yoweri Museveni during the guerrilla war, was jointly forcibly returned to the country along with his colleague Hajj Obeid Lutale Kamulegeya.
“The second respondent’s (Kenya) security operations, actions, and omissions in aiding and abetting the impugned extraterritorial abduction and extraordinary rendition of the civilian duo from Kenya to Uganda contravened the rule of law and good governance guaranteed in Article 6 (d), 7 (2) and 8 (1) C of the Treaty by breaching key provisions of the 2010 Kenyan Constitution,” reads part of the court papers.
It adds: “The 2nd respondent’s (Kenya) security agencies aided and abetted the impugned extraterritorial abduction and extraordinary rendition of the civilian duo from Kenya to Uganda without extradition proceedings or due process of law.”
Dr Besigye and lawyers Andrew Karamagi, Godwin Toko, and Anthony Odur jointly sued the two governments.
About a fortnight ago, Dr Besigye alongside his aide Lutale, was arrested in Nairobi, which has gained notoriety as a theatre of espionage games in the East African region. In an elaborate plot hatched by intelligence operatives, Dr Besigye was returned to Uganda by road through the eastern border outpost before being paraded before the General Court Martial in Makindye near Kampala.
Dr Besigye’s lawyer, Erias Lukwago, has since objected to his client being tried in a court he says has no jurisdiction to try civilians and also that the alleged offences were committed outside Uganda (Kenya).
The court, presided over by Brigadier General Robert Freeman Mugabe, is expected to rule on these and other issues on Tuesday.
Dr Besigye also cites the landmark ruling of the Constitutional Court of Uganda in 2015 in the case of Rtd Captain Amon Byarugaba and others vs the Attorney General, saying it’s illegal for them to be tried by a military court as it contravenes the ruling of the said court that it is unconstitutional to try civilians by a military court.
Key prayers
Through their lawyers of Kiiza & Mugisha Advocates, Dr Besigye and Mr Lutale are seeking $100,000 each in compensation.
They also want a permanent injunction restraining the government of Kenya from conducting, engaging in, or aiding any forced removals or abductions of foreigners from Kenyan territory without due process of the law.
