KAMPALA, Uganda The Uganda Law Society has criticised Justice Rosette Kania’s decision to deny Dr Kiiza Besigye and Hajji Obeid Lutale bail , calling it ungrounded and saying the court’s reasoning was based on speculation and unsupported law.

The remarks were made by the Uganda Law Society Treasurer Arthur Isiko during their weekly engagement with journalists at their secretariat in Kampala on Thursday. Isiko said that the reasoning given by Lady Justice Rosette 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.” Isiko argued

Isiko also added that denying bail without proof of potential interference constitutes an infringement on the accused person’s rights to liberty. and further called on judicial officers to comply with the law, respect individuals’ rights and avoid relying on speculative reasoning in making bail decisions.

Senior Counsel Henry Kunya, who is the managing partner at Henry Kunya and Co. Advocates, emphasised the need to revisit Uganda’s bail guidelines and further proposed several 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 the guidelines we have? Is there a way of adjusting the call periodically or after five years? Can you identify who the end users are? Who are the stakeholders in this case? Can we get the bail victims or beneficiaries to tell the stories?’ Kunya said.

He further added that we know what the mandate of the ODPP is; they are, of course, in charge of prosecutions and investigations, of course working hand in hand with relevant security agencies. So the point is how much time should be given to this, yet on the other hand, this person is before court. There is a very delicate balancing act which needs to be addressed in that regard.

Dr Kizza Besigye and Hajji Obed Lutale sought release on bail from remand, where they had been since February 2025, charged with treason and misprision of treason for allegedly conspiring to overthrow the Ugandan government across various jurisdictions, including Uganda, Kenya, Greece, and Switzerland.

They relied on their advanced age (68 and 65), permanent places of abode, substantial sureties, and the presumption of innocence to support their application . The prosecution opposed the application, citing the grave nature of the charges, pending investigations, and the risk of interference.

Justice Rosette Kania acknowledged that the applicants met the legal criteria for bail but declined to grant it, citing the gravity of the offences, the international scope of the alleged conspiracy, and the potential to interfere with ongoing investigations, thereby prioritising national security and the interests of justice.