Justice Kania had fixed the bail application to be heard today but the Prosecution through Chief State Attorneys Richard Birivumbuka and Joseph Kyomuhendo told the Court that they were not ready to proceed.
The five activists were arrested on February 19, 2025, in downtown Kampala on Ben Kiwanuka Street while wearing blue and white T-shirts with the inscription "Kill me but spare Besigye."
The DPP contends that the police took over the investigations on February 11, 2025, and received several items as exhibits, including the electronic devices in question. Preliminary investigations according to the DPP suggest that these devices may have been used in the commission of the offenses and could contain relevant data to help in prosecutuon of Besigye and Lutaale. A
To support his bail application, Besigye has swore an affidavit detailing how he has been returning to Court for bail extension more than a hundred times in different courts of law on different charges which none has ever been proved against him by the state.
The priests, who included Reverend Father Elias Kasigeire, Father Christopher Niwahereza, Father Silverino Karugaba, and Father Felix Bunimba, expressed concern over Besigye's deteriorating health and the government's handling of his case.
Some of the crying women said that Besigye is likely to die from incarceration like former Kawempe North Member of Parliament for Muhammad Ssegirinya who died last month after 16 months in jail prior to taking to his death bed at Lubaga Hospital.
With teary and yellowish eyes, Besigye is also shivering like a person who is either hungry or with fever. He is tightly guarded by 10 prison security officers in the dock.
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In the application filed on Wednesday, Byanyima is seeking a writ of habeas corpus, requiring the Attorney General and the Commissioner of Prisons—the only listed respondents—to produce Besigye and Lutaale before the court.
When Our Reporter arrived at the UPDF General Court Martial, where the treachery case against Dr. Kizza Besigye, Obeid Lutaale Kamulegeya, and Captain Denis Oula had been fixed for hearing, she was informed by a lieutenant that there was no court session today.
The Court also advised the state to reinstate the case if it is ready to prosecute the accused persons. Accordingly, all accused persons set free unless held on other lawful charges.
The prosecution accuses Besigye and Mukaaku of inciting violence by rallying people in Kikuubo Shauriyako Parish, Kampala, and urging them to protest against the high cost of living. However, both Besigye and Mukaaku have denied the charges.
The late Ssemogerere served under President Yoweri Museveni’s government until 1995 when he quit accusing the latter of perpetuating a one-party state codified into the “National Movement System.”
Besigye told journalists that the charges are aimed at depriving them of their property and silencing their efforts to criticize the ruling government.
Buganda Road Court Chief Magistrate Douglas Singiza ruled that Besigye and Mukaaku had presented substantial sureties and that he is convinced that none of the accused persons will run out of the country if granted bail.
Besigye and Mukaku's bail have been rejected by Grade One Magistrate Asuman Muhumuza on grounds that he has no guarantee that they will not commit the same offences once released on bail since they had just been bailed by the same Court less than two weeks ago.
Besigye together with former Rubaga South Constituency Parliamentary Candidate Samuel Lubega Mukaku have today been remanded by Court presided over by Grade One Magistrate Asuman Muhumuza.
According to Besigye, he is not satisfied with this order (of paying 3 million shillings) too and he is going to discuss with his lawyers to see if it can be challenged further.
The lawyers argued that they had served the release order to Prison Officers who were at Court and they refused to acknowledge receipt and that is why the Magistrate has been convinced to order for his return to Court this afternoon.
