Uganda’s opposition leader Kizza Besigye along with his political ally Hajj Obeid Lutale initiated legal action against the governments of Kenya and Uganda at the East African Court of Justice (EACJ) after their abduction while in Nairobi, Kenya, on November 16.
In his suit filed on December 4, as per Uganda's Daily Monitor, Besigye argued he was forcefully abducted and returned to Uganda to be tried in a military court.
Besigye contended that trying civilians in military courts is unlawful and criticised the Kenyan Government for not fulfilling its constitutional duty to protect individuals within its borders
They were reportedly taken by Ugandan military personnel with the complicity of Kenyan authorities and subsequently transferred to Uganda.
The four-time presidential contestant submitted that the Kenyan security agencies helped their Ugandan counterparts to effect the abduction that he labeled as extraterritorial abduction.
Through his lawyers, Besigye noted that his abduction breached several rights enshrined in the Constitution of Kenya and the East African Treaty.
The EACJ court has mandated that both the Attorney General of Uganda and the Attorney General of Kenya respond to this application within 45 days, should they fail to do so, the case will proceed without their input.
The petitioners argue that their abduction violates international law, regional treaties, and fundamental human rights principles.
Winnie Byanyima, Besigye's wife who raised alarm after the abduction disclosed that immediately after the capture, Besigye was forcibly bundled, tied up, and thrown into a car alongside his political ally, Lutale. The abductors then sat on them until they reached their destination in Kampala
Following the abduction that shocked the East African Community, the opposition leader was remanded to prison till December 2, 2024, pending trial on security-related charges.
It comes as Besigye’s trial in the Military Court has been delayed due to procedural issues concerning his legal representation in Uganda.
Among the charges leveled against Besigye was the possession of an illegal firearm and ammunition with the prosecution alleging the offences occurred in multiple international locations.
