Lawyers for opposition politician Col. (Rtd) Kizza Besigye have questioned the military court’s jurisdiction over civilians and non-military offenses.
Retired Colonel and Ugandan opposition politician Kizza Besigye faced charges of illegal possession of two pistols and eight bullets on Monday during a hearing at a military court in the capital, Kampala.
The prosecution alleges that the offenses occurred in Nairobi, Kenya; Athens, Greece; and Geneva, Switzerland.
A high-profile legal team, led by Kenya’s former Minister of Justice Martha Karua, gathered to defend Besigye. He is represented by lawyers from Kenya, Uganda, Nigeria, the Pan-African Lawyers Union (PALU), the International Commission of Jurists (ICJ), and the East Africa Law Society.
During the trial, lawyers challenged the military court’s jurisdiction over offenses allegedly committed in foreign countries and its authority to try civilians.
The abduction of Besigye
According to his discharge papers, the 68-year-old retired from the military on October 20, 2000. Reports state that Besigye was abducted on November 16 in Nairobi during a routine trip with a friend, Haji Obed Lutale. He reappeared four days later, only to face charges before a military tribunal in Kampala.
Besigye contested his trial, arguing that as a civilian, he should not be subjected to a military court. Despite his objections, military prosecutors claimed jurisdiction under the Uganda People’s Defence Forces (UPDF) Act, even though a landmark 2021 Constitutional Court ruling prohibited civilian trials in military courts.
Opposition members claim the military tribunal operates under the influence of Ugandan President Yoweri Museveni, who serves as Commander-in-Chief. Once Museveni’s personal physician, Besigye has since become a vocal critic of the president, enduring multiple arrests and controversial charges, including treason and rape.
Cross-border repression and abductions
The case has triggered regional unrest, with human rights advocates condemning the abduction of dissidents in Kenya and raising concerns about transnational repression across East Africa.
While Ugandan officials deny involvement in cross-border abductions, Information Minister Chris Baryomunsi claimed all arrests abroad are conducted in collaboration with host countries. However, Kenya has denied any role in Besigye’s abduction.
This incident comes amid an increase in reports of abductions and torture of activists critical of President William Ruto’s government in Kenya.
Human rights groups fear Kenya may be complicit in apprehending foreign nationals on its soil. In July, 36 members of the Forum for Democratic Change (FDC), a party founded by Besigye two decades ago, were abducted in Kenya and later tried in Uganda’s military court on terrorism charges.
Karua called for an end to illegal collaboration between Kenya and Uganda in practices violating both domestic and international laws. She urged both governments to adhere to legal protocols in cross-border operations, emphasizing that abductions and enforced disappearances undermine international cooperation.
