BESIGYE: Court Martial cites extradition agreements between Uganda and Kenya

Kampala, Uganda | THE INDEPENDENT |  General Court Martial Chairperson Brig. Robert Freeman Mugabe has ruled that the UPDF Act grants his court jurisdiction over offenses committed both in Uganda and abroad. Mugabe stated that Col. Dr. Kizza Besigye and Obeid Lutaale Kamulegeya’s transfer from Kenya to Uganda did not breach any extradition agreements, emphasizing the memorandum of understanding between the two countries.

The Uganda People’s Defense Forces-UPDF General Court Martial sitting in Makindye has now ordered  Besigye to take a plea on an amended charge sheet that introduces charges of treachery. On Monday, prosecutors amended charges against Besigye, his co-accused Lutaale , and added a new suspect, Captain Denis Oula, a serving UPDF officer attached to the Armoured Brigade.

The court heard that between February 2023 and November 2024, Besigye, Captain Oula, and Lutaale allegedly held meetings in Geneva, Athens, Nairobi, and various locations in Uganda. The meetings were reportedly aimed at soliciting logistical support and identifying military targets with intent to undermine the security of the Defense Forces.

When the charges were read, the General Court Martial Chairperson Brig. Robert Freeman Mugabe asked the accused to plead. Besigye, the prime suspect, declined to respond, stating that his lawyers would raise objections. Besigye’s lawyer, Erias Lukwago, challenged the territorial jurisdiction of the Court Martial to try offenses committed outside Uganda.

He argued that the alleged crimes were outside the UPDF’s jurisdiction and questioned the legality of the accused’s return to Uganda without formal extradition or deportation orders. Lukwago also noted that the process violated international and national laws, asserting that trying such cases requires proving the accused as fugitive criminals or following proper extradition procedures.

Martha Karua, part of the defense team, questioned how the UPDF could claim jurisdiction over crimes involving arms outside Uganda, further arguing that Nairobi is beyond the UPDF’s territorial reach. Prosecutors led by Col. Raphael Mugisha countered that Besigye and Lutaale were lawfully returned to Uganda under a security memorandum of understanding between Kenya and Uganda. They argued that no legal processes were breached.

In his ruling Tuesday morning, Brig. Mugabe stated that the UPDF Act grants the Court Martial jurisdiction over offenses committed both in Uganda and abroad. He dismissed the objections, ruling that the accused must take a plea.

Following the ruling, Besigye’s lawyers, Erias Lukwago and Ernest Kalibala, submitted that the case should be referred to the Constitutional Court to interpret the law regarding the Court Martial’s jurisdiction over civilian offenses and its impartiality. The lawyers argued that allowing the Court Martial to proceed risks overstepping its mandate, as the UPDF would effectively act as judge, prosecutor, and investigator in a case involving its forces.

They also criticized the lack of specificity in the charges brought against Besigye and Lutaale. Dr. Besigye has faced multiple legal battles, including charges of treason, rape, and concealment of treason in 2006, which were eventually dismissed. He has since faced numerous charges but has never been convicted. Besigye has consistently described these actions as political persecution rather than genuine prosecution. The proceedings remain ongoing.