Dr. Kizza Besigye’s wife, Winnie Byanyima, has petitioned the High Court in Kampala to compel prison authorities to produce her husband and his aide, Hajj Obeid Lutale, who have been detained at Luzira Maximum Prison since November last year.
Byanyima argues that despite the Supreme Court’s ruling that civilians cannot be tried in military courts, prison officials continue to hold Besigye and Lutale illegally.
The Supreme Court’s decision, made on February 7,2025, stated that military courts lack fairness and impartiality, and that civilians must be tried in ordinary courts. Chief Justice Alfonse Owiny-Dollo ruled that all charges against civilians in military courts must be transferred to civilian courts.
Byanyima’s petition seeks a writ of habeas corpus, which would require prison authorities to produce Besigye and Lutale in court. She argues that their continued detention infringes on their rights to personal liberty, as guaranteed by the 1995 Constitution.
The Attorney General, Kiryowa Kiwanuka, has stated that he has written to the Director of Public Prosecutions to determine the next steps in transferring the cases from military to civilian courts. However, Besigye’s legal team has been unable to secure their release due to the requirement of a release letter from the Attorney General’s office.
Besigye and Lutale were arrested in Nairobi, Kenya, and charged with security-related offenses, including possession of firearms and ammunition. The state later added a charge of treachery, which they have refused to plead to.
