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Ugandan Opposition leader Kizza Besigye in detention.

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Uganda’s Martial Court rejects jurisdiction challenge in Besigye trial

Brigadier-General Freeman Mugabe, Chairman of the Court Martial, claimed jurisdiction over Besigye’s case, citing cooperation between Uganda and Kenya on criminal matters.

NAIROBI, Kenya, Jan 14 – Uganda’s Court Martial has dismissed an objection to the trial of opposition leader Kizza Besigye, asserting its jurisdiction over the alleged crimes despite objections from the defense.

In a ruling made on Tuesday, Brigadier-General Freeman Mugabe, Chairman of the Court Martial, claimed jurisdiction over Besigye’s case, citing cooperation between Uganda and Kenya on criminal matters.

The ruling came despite a spirited challenge by Besigye’s defense team, led by Kenya’s Narc Kenya Party leader Martha Karua, who argued that Besigye and his associate, Hajj Obeid Lutale, were abducted in Nairobi, outside of Uganda’s legal jurisdiction.

“The court finds that there is no extradition treaty that was breached,” said Brigadier-General Mugabe in his ruling.

“The agreement on defense and security for suspected serious crimes did not amount to abduction.”

Besigye and Lutale were seized in Nairobi on November 16, where the opposition leader had been scheduled to attend Karua’s book launch.

Their detention sparked accusations of collusion between Kenyan and Ugandan authorities, although the Kenyan government has denied any involvement.

International criticism

The arrest and subsequent trial of Besigye and Lutale have drawn widespread international criticism.

Earlier, Amnesty International condemned both the Ugandan and Kenyan governments, accusing them of undermining the rule of law and basic human rights.

The human rights group highlighted concerns over the legality of Besigye’s detention and the apparent disregard for international norms regarding the protection of asylum seekers.

Besigye, a long-time critic of the Ugandan government, and Lutale were later charged with security-related offenses, including unlawful possession of firearms and ammunition.

On November 20, the two appeared before the Makindye General Court Martial in Kampala, where they were formally charged.

This case forms part of a broader pattern of troubling actions involving Ugandan dissidents and other asylum seekers in Kenya.

In July 2023, 36 members of Uganda’s opposition Forum for Democratic Change (FDC) were arrested in Kisumu, Kenya, and deported to Uganda under terrorism charges, despite having entered Kenya legally.

Additionally, in October 2023, seven Turkish asylum seekers were abducted in Nairobi, with four forcibly returned to Turkey just days later.

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