The High Court has for the fourth time denied bail to veteran opposition politician Col (Rtd) Dr Kizza Besigye and his co-accused, Obeid Lutale, after ruling that their application for a stay of criminal proceedings and release from custody lacked merit.
In a ruling delivered on Monday, Kampala High Court Justice Emmanuel Baguma dismissed the application in its entirety and ordered that plea taking in the treason case proceed immediately.
‘This application seeks two orders: a stay of the hearing of the criminal trial pending the resolution of a constitutional petition and release of the applicants on bail,’ Justice Baguma said at the outset of his ruling.
The judge noted that while the applicants had filed a petition directly before the Constitutional Court, this did not automatically warrant a halt to proceedings before the High Court.
‘From the onset, I have to draw a distinction between a stay of proceedings and a constitutional petition. In the instant case, it is not in dispute that the applicants petitioned the Constitutional Court directly, which does not warrant an automatic stay as counsel laboured to convince court,’ Justice Baguma ruled.
Justice Baguma held that the decision on whether to stay proceedings in such circumstances lies within the discretion of the trial court.
‘This discretion must, however, be exercised in consideration of the severity and seriousness of the offence, in order to avoid delays in prosecution and to ensure substantive justice,’ he said.
The judge referred to Section 61 of the Trial on Indictments Act, which requires that an accused person tried before the High Court be placed at the bar and enter a plea.
According to Justice Baguma, plea taking serves a fundamental purpose in criminal proceedings.
‘In my opinion, plea taking enables an accused to know whether he admits or not,’ he stated.
Justice Baguma observed that the accused were committed to the High Court on May 29, 2025, and the matter was scheduled for plea taking on September 1, 2025. To date, no plea has been taken.
‘Instead, the accused have made application after application, making plea taking difficult,’ the judge said.
He concluded that the proper course was for the accused to take plea first before pursuing further applications, including bail.
‘It is therefore my considered view that the applicants take plea and, if they so wish, apply for bail thereafter,’ Justice Baguma ruled, adding that he was mindful of the constitutional presumption of innocence.
‘The application and the orders sought are denied, and I order that plea taking proceeds immediately,’ he concluded.
Dr Besigye and Lutale are jointly charged with treason and misprision of treason, alongside Uganda People’s Defence Forces (UPDF) officer Capt Dennis Ola.
Prosecution alleges that the accused were involved in activities intended to overthrow the government by force, charges they deny.
The Monday decision follows earlier unsuccessful attempts by the defence to secure bail and halt the proceedings pending the determination of constitutional questions raised before the Constitutional Court, including issues related to judicial recusal and the computation of time for mandatory bail.
Dr Besigye has been in custody for over a year since his arrest, with the case drawing sustained public attention due to his status as a long-time opposition figure and former presidential candidate.
With the court now directing that plea taking proceed without further delay, the case is expected to move to the next procedural stage in the High Court.
The accused, through their lawyers, previously declined to take plea urging that they had only come to receive the ruling thus the process is an ambush.
They also noted that the indictment was defective with wrong information regarding to the particulars of Captain Ola and that the accused were also not given the indictment as a requirement for for bail.
The judge insists on the accused taking plea, reasoning that that the accused were served with the copy of the indictment and that the case has been pending a plea take.