KAMPALA, Uganda The Uganda Law Society has condemned Justice Rosette Kania’s ruling on Kiiza Besigye and Hajji Obeid Lutale’s bail application on the 11th of April, 2025.
Justice Kania, during the ruling, 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.
Kania further ruled that the sureties for Besigye were substantial because they were close friends and leaders in the same political party as Besigye. That the blood relationship declared by Lutaale’s sureties also admits suitability.
In a press statement issued by the vice president of ULS, Anthony Asiimwe, the denial of bail was based on speculation that the accused might interfere with investigations due to the serious nature of the charges, which is acceptably paternalistic, and that their continued detention was in their best interest , specifically to shield them from falling prey to the temptation to interfere with investigations.
” Judge Kania’s decision is fundamentally flawed and impeachable, as she failed to cite any law or precedent for her departure from established principles.” Asiimwe said
Assimwe further asserted that Judge Kania’s actions in Besigye’s bail case constitute judicial overreach, where she substituted judicial discretion with personal opinion, undermining the rule of law and impartiality.
“The Uganda Law Society assures the court users that it will, in accordance with Executive Order RNB No. 2 of 2024, bring Judge Kania before the Judicial Service Commission to answer for her actions; the Besigye legal team is urged to file a fresh application and approach the head of the criminal division immediately to rectify this harm,” Asiimwe revealed.
The ULS furthermore called upon the civil division of the High Court to expedite the stay of execution application filed by President Isaac Ssemakadde and other cases, including the ULS habeas corpus application for Advocates of Eron Kiiza.
Col. (Rtd) 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.
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