Uganda opposition politician Kizza Besigye case to be transferred to civil court News
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Uganda opposition politician Kizza Besigye case to be transferred to civil court

Ugandan political activist and lawyer Norbert Mao announced on Monday that the case concerning prominent opposition politician, Kizza Besigye, is in the course of transfer from the Ugandan Court Martial to the High Court. He stated that the Attorney General, Director of Public Prosecutions, and the principal judge are working to transfer the case, following the Supreme Court ruling in Attorney General v Michael Kabaziguruka  [2025] UGSC 1.

In this case, the Supreme Court ruled that civilians are not subject to military tribunals. The court averred that this is because military courts lack the independence required for a fair trial under Article 28 of the Constitution of Uganda. It also ruled that Parliament cannot confer military jurisdiction over civilians contrary to constitutional provisions.

Kizza disappeared in Kenya In November 2024 while seeking asylum due to alleged political persecution in Uganda. Days later, he was discovered in a Ugandan jail. The Makindye General Court Martial charged him thereafter, with offenses relating to security and the unlawful possession of firearms and ammunition, contrary to the Uganda People’s Defence Forces Act. A charge of treachery pointing to treason was later added to Kizza’s chargesheet. While various Ugandan constitutional court rulings state that military courts lack jurisdiction to hear and determine cases related to unlawful possession of firearms, the learned judge of the court martial maintained that the bench trying Besigye only constituted a court martial and not a military tribunal. 

Kizza pleaded not guilty to his charges and has since been detained at Luzira Prison. In his last appearance in court, local media sources attributed Kizza’s frail appearance to the fact that he has been on hunger strike since last week. The Uganda Human Rights Commission urges the relevant authorities to handle his case quickly due to his condition.

The Law Society of Uganda however argues that Kizza has no case to answer even in a civilian court because the Supreme Court ruling in Attorney General v Michael Kabaziguruka  [2025] UGSC 1 nullified the provisions of the Uganda People’s Defence Forces Act under which he was charged. The Society states that Kizza is entitled to immediate and unconditional release, despite the court’s rejection of a habeas corpus petition. The society also urges the international community to hold Uganda accountable for its international human rights obligations. 

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