Addressing journalists during the Society's weekly press briefing at the ULS Secretariat in Kampala on Thursday, ULS Treasurer Arthur Isiko said the reasoning given by Lady Justice Rosette Comfort Kania was not grounded in evidence.
The Uganda Law Society (ULS) has strongly criticized the High Court's decision to deny bail to opposition figure Dr. Kizza Besigye and Hajji Obeid Lutaale, calling the court’s reasoning speculative and unsupported by law. Addressing journalists during the Society's weekly press briefing at the ULS Secretariat in Kampala on Thursday, ULS Treasurer Arthur Isiko said the reasoning given by Lady Justice Rosette Comfort Kania was not grounded in evidence.
Kania had denied bail because the accused were likely to interfere with ongoing investigations. However, Isiko argued that this line of reasoning is purely speculative and therefore an insufficient legal basis to justify the denial of bail. “Bail applications should be denied or accepted based on clear legal grounds, and where those grounds are proved, the person is supposed to be granted bail,” said Isiko.
He emphasized that speculation, such as the claim that Besigye and Lutaale might interfere with investigations, should not override the constitutional presumption of innocence. “Speculation in this case, like it was when Lady Justice Kania ruled that the accused would interfere with ongoing investigations without any evidence, is not warranted,” Isiko added.
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Isiko further stressed that denying bail without proof of potential interference constitutes an infringement on the accused person's right to liberty.
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The ULS has therefore called on judicial officers to comply with the law, respect individuals’ rights to liberty, and avoid relying on speculative reasoning in making bail decisions. Isiko also encouraged lawyers representing Besigye and Lutaale to reapply for bail, expressing confidence that a different judicial officer would grant their clients bail based on merit.
Dr. Besigye and Lutaale are currently facing charges of treason and misprision of treason. They were arrested in Kenya and repatriated to Uganda for prosecution. Speaking at the same event, Senior Counsel Henry Kunya emphasized the need to revisit Uganda’s bail guidelines. He posed several questions regarding their current relevance and suggested periodic reviews every five years.
“We need to look at different pertinent questions regarding the bail guidelines. How relevant are they? Can we adjust them periodically? Who are the end users? Can we get bail victims or beneficiaries to tell their stories?” Kunya asked. He also decried prosecutorial delays, stressing the importance of balancing the interests of both the accused and the prosecution.
“We know the mandate of the DPP—they’re in charge of prosecutions and investigations, working hand-in-hand with security agencies. But the question is: how much time should be given to this, especially when the accused is already before the court? It’s a very delicate balancing act that must be addressed,” Kunya said.
On April 11, 2025, Justice Kania denied bail to Besigye and Lutaale, despite acknowledging that they had satisfied all the standard conditions for bail: having a fixed place of residence, presumption of innocence, being of advanced age, absence of a criminal record, and presence of substantial sureties.
She justified the denial by citing the grave nature of the charges and the transnational element of the alleged offences, which she said would require more time and resources to investigate than ordinary cases. “Owing to the fact that the investigations are ongoing, the interests of justice at this point dictate that the application for bail is denied on this occasion,” Justice Kania ruled.
“Because there is the likelihood that the applicants, if released on bail while investigations are ongoing—owing to the grave nature of the offence—may fall prey to the temptation to interfere with the investigations.” Accordingly, Besigye and Lutaale were remanded until April 30, 2025, when they are expected to return to Nakawa Court for an update on the status of investigations.
They are jointly charged with UPDF officer Captain Denis Oola. The prosecution alleges that the trio, while in Geneva (Switzerland), Athens (Greece), Nairobi (Kenya), and Kampala (Uganda), solicited firearms, logistical, and financial support and attended meetings to overthrow the government.
