Veteran opposition politician Dr. Kizza Besigye and his aide, Obeid Lutale, have been denied bail for the fourth time after the High Court ruled that criminal proceedings cannot be stayed before plea taking.
Justice Emmanuel Baguma delivered the ruling on Monday, overturning an earlier plan to communicate the decision by email on December 23. The judge held that granting bail at this stage would be improper since the accused persons have not yet taken plea.
In his decision, Justice Baguma noted that the case has suffered repeated delays, largely due to multiple applications filed by the defence, which have stalled progress since September when plea taking was initially scheduled.
“The court finds that it would be improper to stay proceedings and subsequently grant bail before plea taking,” Justice Baguma ruled, adding that allowing bail before the accused formally respond to the charges would be unfair to the integrity of the judicial process.
The ruling immediately sparked protests from the defence team, led by Kenyan Senior Counsel Martha Karua, who described the court’s move as an ambush.
Karua told court that the defence had appeared solely to receive the ruling on the bail application and was not prepared for plea taking.
“We came here strictly to receive the ruling. We were not notified that plea taking would proceed today. This approach undermines the principles of a fair trial,” Karua argued.
She further stated that the defence had not been formally served with notice indicating that plea taking would take place, insisting that due process had not been followed.
Counsel Erias Lukwago supported the objection, urging the court to adjourn the matter to allow the defence adequate time to prepare.
“If this matter has been fixed for plea taking today, we should have been served and informed on time. We therefore ask for adjournment to prepare for the same,” Lukwago submitted.
The case against Dr. Besigye, a four-time presidential candidate and long-time critic of the government, continues to attract national and regional attention, with supporters and rights groups closely monitoring the proceedings amid concerns over due process and political freedoms.
The court is yet to pronounce itself on the next steps regarding plea taking and further management of the case.
