Judge rejects Besigye, Lutale bail bid for want of prosecution
In a ruling delivered on Wednesday, July 8, 2026, Justice Emmanuel Baguma dismissed the application for want of prosecution after the applicants declined to proceed with the hearing in the absence of some of their lawyers.
Retired Col. Dr. Kizza Besigye (centre) and his aide Haji Obeid Lutale (right) durin a court session. (Fie photo)
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The High Court has rejected a fresh bail application by retired Col. Dr. Kizza Besigye and his aide Haji Obeid Lutale, ruling that the two applicants failed to prosecute their own case.
In a ruling delivered on Wednesday, July 8, 2026, Justice Emmanuel Baguma dismissed the application for want of prosecution after the applicants declined to proceed with the hearing in the absence of some of their lawyers.
The application, filed under the Constitution, the Trial on Indictments Act and the Constitutional Bail Guidelines, sought orders admitting Besigye and Lutale to bail pending trial in Criminal Session Case Number 335 of 2025.
According to the ruling, the bail application had been jointly filed by 13 law firms representing the applicants, including Lukwago and Company Advocates, AF Mpanga Advocates, and Kizza Mugisha and Company Advocates.
Court records show that on June 30, 2026, both the defence and the prosecution agreed to the hearing dates, with defence lawyer Moses Tugume and Chief State Attorney Richard Birivumbuka confirming they were ready to receive hearing dates. The court subsequently fixed the application for hearing on July 3.
However, when the matter came up for hearing, none of the applicants’ lawyers appeared before court.
Justice Baguma rejected the explanation, noting that the application had been filed by 13 law firms comprising dozens of advocates, rather than by only two individual lawyers, who were not present; Martha Karuma, who was declared persona non grata and Erias Lukwago, who was arrested over misprision of treason.
“The applicants cannot insist on one or two lawyers out of about 50 lawyers from the 13 law firms that filed this application,” the judge ruled.
He added that the hearing date had been fixed in open court with the consent of both parties and described the applicants’ refusal to proceed as an abuse of the court process.
“It was unfortunate and, to be precise, an abuse of court process for the lawyers and applicants to turn around and say that they were not ready to prosecute the application,” Justice Baguma said.
The judge further held that no law barred the applicants from personally presenting their sureties for the court’s consideration if they wished to pursue bail.
“There was an opportunity for the applicants to apply for bail on their own and produce sureties for the court’s consideration, but surprisingly, the applicants opposed their own application,” he observed.
Justice Baguma concluded that the applicants had failed to prosecute their application and dismissed it for want of prosecution.
Background
Besigye, a four-time presidential candidate and opposition politician, and his co-accused Lutale are facing treason charges before the High Court’s Criminal Division.
Prosecution alleges that between 2023 and November 2024, while in Uganda, Kenya, Greece and Switzerland, the two and others still at large plotted to overthrow the Ugandan government by force.
Prosecutors allege that they held meetings, mobilised logistical support and solicited military, financial and other assistance in furtherance of the alleged plot.
The duo was arrested in November 2024 and initially arraigned before the General Court Martial. However, following the Supreme Court decision barring the trial of civilians in military courts, the case was transferred to the civilian justice system and is now before the High Court.
Besigye and Lutale have remained on remand at Luzira Prison awaiting trial.
This was their latest attempt to secure release on bail, but the application was dismissed after the court found that they had failed to prosecute it.