Judul : Besigye bail denial dominates Kiwanuka’s memorial lecture
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Besigye bail denial dominates Kiwanuka’s memorial lecture
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"If Besigye can’t be granted bail, why can’t we fix his case and hear it in a month? The concern is whether the courts are pandering to the Executive in this and other political cases"– Former Uganda Law Society president, Mr Francis Gimara
The persistent denial of bail to veteran Opposition politician Dr Kizza Besigye by the courts took centre stage during the eighth edition of the Benedicto Kiwanuka Memorial Lecture.
Dr Besigye, who has spent over 300 days on remand at Luzira Prison following his alleged abduction in Nairobi, Kenya, in November last year, has had two bail applications dismissed by the High Court. Delivering the keynote address on Friday, former Uganda Law Society (ULS) president, Mr Francis Gimara decried what he termed the systematic denial of bail to the veteran Opposition figure. “While the High Court has granted bail in many applications, the downside is that in many other cases, bail has been denied. The most publicly visible case is the repeated denial of bail to Opposition leader Dr Kizza Besigye,” Mr Gimara said.
“If he can’t be granted bail, why can’t we fix his case and hear it in a month? The concern is whether the courts are pandering to the Executive in this and other political cases,” he added.
Responding to the concerns, Chief Justice Alfonse Owiny-Dollo emphasised that while the Constitution grants a suspect the right to apply for bail, it also gives judicial officers discretion to grant or deny it based on the merits of each case.
“Dr Besigye is entitled to the application of the rule of law, just like any other Ugandan,” the Chief Justice said.
“Senior counsel, it would be dangerous to grant bail or to acquit Dr Besigye simply because he leads a large following. It would mean my peasant mother, who is only followed by her four children, including me, could be unfairly treated,” he added. Nonetheless, Justice Owiny-Dollo stressed that Dr Besigye deserves due process: “Whatever the allegations are, please leave the courts to exercise their mandate in pursuit of due process.
Leave out the politics and come before the court to make your case.” He urged fellow judges to emulate the late Chief Justice Benedicto Kiwanuka by upholding judicial independence and acting according to conscience.
“For those privileged to make judicial decisions, remember that some people find pride not only in criticising you but also in dragging you through the mud. Like Kiwanuka, be guided by conscience. The Constitution requires that you must never fear, never favour, never act out of affection or ill will, even toward those who insult you.” President Museveni, in his statement read out by Speaker of Parliament, Ms Anita Among, saluted Kiwanuka for his bravery and promotion of the rule of law.
“Those of us, however, who stayed alive, did not let him die; we pressed on for the struggle of the liberation of Uganda to its conclusion. Benedicto Kiwanuka met a hero’s death. His legacy is immortal because he sided with the people of Uganda and opposed the brutal regime of Idi Amin...” Mr Museveni said. In remarks made a day earlier during the inaugural Sam Njuba Memorial Lecture organised by ULS, Internal Affairs Minister Gen Kahinda Otafiire echoed concerns over Dr Besigye’s prolonged detention. “It’s unfair to continue holding Dr Besigye for eight months without trial,” Gen Otafiire said. “Besigye should be tried in court and either condemned or absolved. We don't even know what he did. In the court of public opinion, he is innocent,” the minister added. “Honestly, keeping a man in jail for eight months without telling us what he has done, he remains innocent in our eyes until tried.”
Background
Dr Besigye is facing charges of treason and misprision of treason alongside his political aide, Mr Obeid Lutale, and UPDF soldier Denis Oola. They deny the charges. According to the prosecution, between 2023 and November 2024, the accused, along with others still at large, allegedly conspired to overthrow the government through armed force.
Dr Besigye's first bail application was denied by Justice Rosette Comfort Kania. His second application, filed on the grounds of having spent over 180 days in custody without trial, was also dismissed by Justice Emmanuel Baguma. A third bail application remains pending before Justice Baguma, whom Dr Besigye has asked to recuse himself, citing alleged bias. The memorial lecture was held in honour of Benedicto Kiwanuka, Uganda’s first Chief Justice, who was abducted from his chambers at the Judiciary headquarters in Kampala on September 21, 1972, by soldiers during Idi Amin’s regime. He was never seen again.
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