Ugandan Opposition Leader Kizza Besigye Faces Military Court Amid Jurisdiction Dispute

Ugandan opposition leader Col. (Rtd) Kizza Besigye appeared before a military court in Kampala on Monday, charged with illegal possession of two pistols and eight rounds of ammunition. The prosecution claims the alleged offences occurred in Nairobi, Kenya, Athens, Greece, and Geneva, Switzerland, raising questions about jurisdiction.

Besigye’s defence team, led by former Kenyan Justice Minister Martha Karua, includes lawyers from Kenya, Uganda, Nigeria, the Pan-African Lawyers Union (PALU), the International Commission of Jurists (ICJ), and the East African Law Society. They questioned the military court’s authority to try a civilian for alleged offences committed abroad, emphasizing that Uganda’s Constitutional Court ruled in 2021 that civilians cannot be tried in military courts.

Besigye, 68, who retired from the Ugandan military in 2000, was allegedly abducted in Nairobi on November 16 during a trip with a friend, Hajji Obed Lutale. He reappeared four days later and was arraigned in Kampala. Besigye argued that his civilian status exempts him from military jurisdiction, but the prosecution insists it has authority under the Uganda People’s Defence (UPDF) Act.

Opposition members claim the trial is politically motivated, alleging that the military court operates under the influence of President Yoweri Museveni, Uganda’s Commander-in-Chief. Besigye, once Museveni’s personal doctor, has become a prominent critic and has faced previous charges, including treason and rape.

The case has drawn international attention, with human rights advocates condemning what they describe as transnational repression. Kenya’s alleged role in the abduction has sparked outrage, though Kenyan authorities deny involvement. Uganda’s Information Minister Chris Baryomunsi maintains that any arrests abroad were conducted lawfully and in cooperation with host countries, a claim Kenya disputes.

Recent abductions in Kenya, including 36 members of Besigye’s Forum for Democratic Change (FDC) party in July, have fuelled concerns about cross-border repression. These individuals were later tried in Uganda’s military court on terrorism charges.

Martha Karua criticised the collaboration between Uganda and Kenya in what she termed illegal abductions, urging both governments to respect domestic and international law. “Abductions and kidnappings are unlawful and undermine international cooperation,” Karua stated, calling for an end to such practices.

The case highlights growing concerns over the use of military courts for political repression and the erosion of legal protections for dissidents in East Africa.