Court refuses to rule on Besigye bail despite legal limit

Tensions rose in a Ugandan courtroom on Friday after magistrate Esther Nyadoi failed to rule on a bail application for opposition leader Kizza Besigye, even though he has been held without trial for over six months, past the legal limit allowed under the constitution.

Besigye, 69, was abducted by armed men in Nairobi in November and resurfaced before a military court in Uganda, where he was charged with treason, an offence that carries a possible death penalty.

A long-time rival of President Yoweri Museveni, Besigye once served as his personal doctor before turning into one of the country’s strongest opposition voices.

The Ugandan constitution says that any person held for more than 180 days without the start of a trial must be released on bail.

That deadline passed this week, but the court chose to focus on the prosecution’s case instead of making a decision on the bail application.

The move sparked immediate backlash. Besigye’s lawyers and supporters walked out of the packed courtroom in protest. “I am raising a matter of having no legal representation in this case.

"Your worship, this is a case where our lives are at stake," Besigye said during the hearing.

His trial had been shifted to a civilian court in February after he went on a hunger strike, demanding better treatment and fair proceedings.

But earlier this week, Ugandan lawmakers passed a bill that allows civilians to be tried in military courts, a step critics fear could be used to keep political opponents in detention longer.

The hearing was adjourned, and Besigye was ordered to remain in custody until May 29.

The case has also triggered regional concerns after Kenya’s Foreign Cabinet Secretary, Musalia Mudavadi, confirmed that Nairobi assisted in Besigye’s abduction from Kenyan soil.

"Kenya cooperated with the Ugandan authorities," he said in an interview with AFP, adding that Uganda is Kenya’s top export market and Nairobi did not want to risk damaging relations.

When asked about the legality of the deportation, Mudavadi replied, "Kenya is not on trial."