Martha Karua and Besigye’s legal team pondering next step
HABARI DAILY I Kampala, Uganda I Martha Karua, one of the reknowned lawyers in the region, is breathing fire and giving sleepless nights to the Uganda and Kenyan Governments.
Karua, Kenya’s former Justice Minister and deputy presidential candidate has now dragged the two Governments to the East African Court of Justice (EACJ) to answer charges of kidnap and wrongful persecution of Dr Kizza Besigye and his political ally, Hajj Obeid Lutale Kamulegeya from Nairobi to Kampala.
The duo was on November 20 charged with illegal possession of firearms and ammunition at the Makindye based Military Court Martial, and remanded at the Luzira Maximum security prison until next week.
“The transfer of Besigye and Lutale from Kenya was a blatant violation of Uganda and Kenyan constitution, the East African Community treaty, and international law,” Karua recently told the Ugandan media, vowing to use all in her power to have the prisoner freed.
Martha Karua talking to Kiiza Besigye
In documents seen by Habari Daily, the EACJ has ordered the Attorney General of Uganda and the Attorney General of Kenya to file their responses within 45 days.
“You are hereby notified that the above-named Applicants have instituted a Civil Suit against you, copy of which is annexed hereto,” reads part of the letter, adding: “You are hereby required to file a response within 45 days from the day of service hereof. In default whereof, the Case will be heard and determined in your absence.”
The application was filed by Kizza Besigye’s petitioners – Andrew Karamagi, Godwin Toko, and Anthony Odur. They are seeking the Court’s intervention in the matter.
The proceeds follows the mysterious transfer of Uganda’s two opposition political activists, and “wrongful persecution.” Besigye and Lutale went missing in the Kenyan capital on November 16, 2024 where they had traveled to attend the book launch by Karua.
Experts’ View
“They are likely to disastrously lose the case, and hefty fines slapped against. For starters Uganda needed to have an extradition treaty. Whatever they did, they never sought legal advise, which makes they calpable,” said Sam Luyimbazi, a Kampala based lawyer.
Trevor Okello, a Kampala based advocate, said the case, possesses a lot of merit, and is likely go Basigye’ way. “Arresting Kiiza Besigye was a political decision, which now has legal repercussions which may cost millions to remedy,” he said.
Kizza Besigye and o-accused during their day in court
Evidence strong
The state accuses Besigye of engaging in activities that threaten national security. For that reason, they claim have graphic evidence which they have presented in court.
This include tapes which were leaked on social media, and indicated that Dr Besigye contacted an arms dealer with whom they discussed plans to overthrow President Museveni from power.
In the tapes, Besigye was heard asking for a drone to “deal with the helicopter” – a veiled reference to the presidential aircraft.
Brig Felix Kulayigye, the ministry of defence spokesperson insisted that Besigye must defend himself in courts of law, which is likely to result into a lengthy sentence.
