Ugandan opposition leader faces military court

KAMPALA, Uganda

Ugandan veteran opposition politician Col. (Rtd) Kizza Besigye appeared before a military court in the capital Kampala on Monday, facing charges of illegal possession of two pistols and eight rounds of ammunition.

The prosecution alleges that the offenses occurred in Nairobi, Kenya, Athens, Greece and Geneva, Switzerland.

A large legal team led by Kenya's former Justice Minister Martha Karua has convened to defend Besigye. Representing him are lawyers from Kenya, Uganda, Nigeria, the Pan-African Lawyers Union (PALU), the International Commission of Jurists (ICJ) and the East African Law Society.

During the trial, the lawyers raised objections regarding the jurisdiction of the military court to try offenses allegedly committed in other countries and its authority to prosecute civilians.

Besigye’s abduction

Besigye, 68, who retired from the army on Oct. 20, 2000 according to his discharge certificate, was reportedly abducted in Nairobi on Nov. 16 during a routine trip with a friend, Hajji Obed Lutale. He resurfaced four days later, only to be arraigned before the military court in Kampala.

Challenging his trial, Besigye argued that as a civilian, he should not be tried in a military court. Despite his objections, the military prosecution insists it has jurisdiction under the Uganda People’s Defence (UPDF) Act, though a landmark ruling by the Constitutional Court in 2021 prohibits civilians from being tried by military courts.

Opposition members claim the military court operates under the influence of Ugandan President Yoweri Museveni, who serves as Commander-in-Chief. Besigye, once Museveni's personal doctor, has since become a vocal critic of the president and has faced multiple arrests and controversial charges, including rape and treason.

Transnational repression and abductions

The case has sparked cross-border unease, with human rights advocates condemning the abduction of dissidents in Kenya and raising concerns about transnational repression between East African nations.

Ugandan officials deny involvement in cross-border abductions, with Information Minister Chris Baryomunsi asserting that any arrests abroad were conducted in cooperation with host countries. However, Kenya refutes any role in Besigye's abduction.

This incident comes amid a rising number of abductions in Kenya, where activists and protesters critical of President William Ruto’s government have reportedly faced kidnappings and torture.

Rights groups fear Kenya’s complicity in detaining foreign nationals on its soil. In July, 36 members of the Forum for Democratic Change (FDC), the 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 what she referred to as Kenya and Uganda’s collaboration in illegal practices that violate domestic and international law. She urged both governments to adhere to legal protocols in cross-border operations, emphasizing that abductions and kidnappings are unlawful and undermine international cooperation.