The fate of Dr. Kizza Besigye and Obed Lutale’s release from detention remains uncertain, as the Attorney General’s advice is now the only factor determining their freedom, according to Kenyan Senior Counsel Martha Karua, the lead counsel in their case.
Addressing the media on Monday after visiting the Commissioner General of Uganda Prison Services Dr. Johnson Omuhunde Rwashote Byabashaija, Karua emphasized that the continued detention of the two political figures is legally untenable since there is no valid court warrant justifying their incarceration.
“We have pointed out to the Commissioner of Uganda Prisons Services that, as of today, the prisons have no valid warrant to continue holding Dr. Kizza Besigye and Obed Lutale. The court at Makindye did not sit today, and following the Supreme Court’s ruling on Friday, the previous warrant has not been extended,” Karua stated.
However, despite this clear legal position, prison authorities have deferred the decision to release the two individuals, citing the need for guidance from the Attorney General. “We acknowledge that government institutions rely on the Attorney General’s advice, but this delay is unwarranted. The Attorney General must act expeditiously because this situation cannot persist,” Karua urged.
Erias Lukwago, also one of the lawyers representing the detained opposition figures, reinforced the argument that their continued detention amounts to illegality.
“The Commissioner of Prisons assured us that they do not want to turn the prison service into a rogue force that operates outside the law. He recognized that the warrant had expired and that the Supreme Court had squashed the Attorney General’s opinion regarding the General Court Martial,” Lukwago explained.
According to Lukwago, the Commissioner of Prisons has already reached out to the Attorney General for guidance, yet no response has been provided. “We have given the benefit of the doubt for now, but this cannot last long. If the Attorney General fails to provide the necessary directive, we will explore other legal avenues to secure our clients’ release,” Lukwago warned.
This development follows last week’s Supreme Court ruling, which nullified the detention order and invalidated all orders of the General Court Martial and continued trials of any civilians. Opposition leaders and legal experts have since called on the government to respect the rule of law and avoid arbitrary detention of political opponents.
“We urge the Attorney General to act swiftly and uphold the court’s ruling. Should they fail to release Dr Besigye and Lutale today, they will be holding them illegally,” Karua concluded.
As the legal team awaits the Attorney General’s response, tensions remain high, with political observers closely monitoring how the government will handle the matter. The opposition has vowed to pursue further legal and political measures should the authorities continue to defy the Supreme Court’s decision.
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