Court Gives Attorney General 14 days to File Response in Kizza Besigye Suit

A collage of Ugandan opposition leader Kizza Besigye and a wide-angled picture of Nairobi, Wednesday, November 20.
A collage of Ugandan opposition leader Kizza Besigye and a wide-angled picture of Nairobi, Wednesday, November 20.
Photo
Canva, Courtesy

The High Court has on Monday given the Attorney General 14 days to file responses in a case where the Ugandan opposition leader Kizza Besigye sued the government over his dramatic deportation from Kenya late last year. 

The developments came after the High Court was told that two months had passed since the matter was taken to court, and the Attorney General was yet to file a formal response on the position of the government.

Justice Lawrence Mugambi issued the ruling despite the protests raised by Besigye's lawyers, led by Martha Karua, who had objected to the issuance of additional time.

Initially, the AG's office had requested three weeks to respond, but Justice Mugambi declined, stating that there was already ample time to respond that was not utilised instead.

Entrance to Milimani Law Courts, Nairobi.
Entrance to Milimani Law Courts, Nairobi.
Photo
The Judiciary of Kenya

Besigye was reportedly forcibly taken in Nairobi on Saturday, November 16. According to Besigye's wife Winnie Byanyima, the politician went missing while in Nairobi to attend the launch of Martha Karua's memoir, Against The Tide.

The politician, who started as Uganda's President Museveni's personal doctor, is a human rights activist and the leader of the opposition in Uganda. Under his fold, he has mentored other leaders, among them Bobi Wine, who are taking up the mantle.

However, since he was taken in Nairobi, he has yet to taste freedom, after the Ugandan military court ordered his detention, where he continues to challenge the judgment and treason charges he is facing.

Besigye and his ally Obed Lutale were arrested in Nairobi in November 2024 and taken to Uganda, where they face charges of illegal possession of firearms and ammunition and treachery.

The prosecution alleges that between 2023 and 2024, the duo conspired to overthrow the Ugandan government.

Being one of the biggest critics of Museveni, Besigye has been arrested several times before and, in some instances, suffered injuries.

Courts Sides With Besigye 

Should the court later rule in favour of Besigye, the deportation could amount to an unlawful abduction and forced transfer, exposing the Kenyan government to accountability for violating both domestic safeguards and international human rights obligations, which Kenya is a signatory to.

The government might also be found complicit in prosecutorial persecution and be compelled to pay damages and compensation for his rights and unlawful detention.

Kizza Besigye's lawyers, led by Senior Counsel Martha Karua, during a hearing on September 29, 202,5, at the Milimani Law Courts in Nairobi.
Kizza Besigye's lawyers, led by Senior Counsel Martha Karua, during a hearing on September 29, 202,5, at the Milimani Law Courts in Nairobi.
Photo
Kiiza Eron
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