Besigye extradition case: Kenyan High Court orders AG Oduor to file response

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The Kenyan High Court in Milimani has issued an order requiring Attorney General (AG) Dorcas Agik Oduor to file a response in the case concerning Uganda's former Forum for Democratic Change (FDC) party president Dr Col (rtd) Kizza Besigye and his aide, Hajji Obeid Lutale, within 14 days.

Besigye's lead lawyer, Martha Karua, says this case is a matter of significant regional interest, relating to the extraterritorial abduction and forcible removal of the duo from Kenya to Uganda in November 2024.

“The high court sitting today (Monday) ordered Oduor to respond within 15 days as the hearing into the case starts,” Karua said.

Ugandan lawyer Male Mabirizi, Besigye's lead counsel Martha Karua and another lawyer perusing files of Besigye's case at Mulimani High Court in Kenya during the mention of Besigye's case on Monday, September 29, 2025. (Photo by Isaac Nuwagaba)

The Kenyan AG's response is expected to clarify the Kenyan government's position and involvement in the circumstances surrounding Besigye's presence in Kenya and his subsequent transfer to Uganda, where he faces charges related to security and illegal possession of firearms and has been detained for over 300 days, she added after the Court.

“This order adds another layer to the complex legal and diplomatic issues arising from the incident, which has drawn international concern over human rights, transnational repression, and the protection of political dissidents within the East African region,” Karua insisted.

The Kenyan High Court set September 29 this year (yesterday) for the mention of Constitutional Petition No. HCCH RPET/E461/2025 of Kiiza Besigye vs. the Kenyan Government (Cabinet Secretary for Interior and Coordination of National Government) regarding the alleged illegal extradition to Uganda. The petition was filed by Dr Col (rtd) Besigye and his aide, Hajji Obeid Lutale.

In the petition, the duo challenged 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.

Besigye’s lawyer, Erias Lukwago, said their extradition never met the Commonwealth Extradition Act Cap. 77.

“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, said while addressing the media at Plot 6 Katonga Road on Monday, September 29, 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 related to security.

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 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.

Besigye and Haji Obedi Lutale have since declined to appear in court to stand trial on allegations that they can’t stand before the presiding judge, Judge Emmanuel Baguma, demanding that he steps down from the case.

Only the co-accused Capt. Denise Olalo appeared in court on September 2, 2025, but was remanded to Luzira prison.