The Opposition politician, Dr Kizza Besigye, has sued the governments of Kenya and Uganda over his abduction from Nairobi, Kenya, before being forcefully brought back and arraigned before a military court despite being a civilian.
In a reference filed before the East African Court, Kampala sub-registry, on December 4, Dr Besigye argues that Kenyan security aided Ugandan security in carrying out what he called the extraterritorial abduction, a move he says contravened several provisions of the Kenya 2010 Constitution and the East African Treaty.
The former personal physician to President Museveni during the guerrilla war was jointly brought back into the country alongside his colleague Hajj Obeid Lutale Kamulegeya.
The duo now faces charges relating to security and unlawful possession of firearms and ammunition before the Makindye-based General Court Martial.
“The second respondent’s (Kenya) security operations, actions, and omissions in aiding and abetting the impugned extraterritorial abduction and extraordinary rendition of the civilian duo from Kenya to Uganda contravened the rule of law and good governance guaranteed in Article 6 (d), 7 (2) and 8 (1) C of the Treaty by breaching key provisions of the 2010 Kenyan Constitution,” reads in part the court documents.
Adding: “The 2nd respondent’s (Kenya) security agencies aided and abetted the impugned extraterritorial abduction and extraordinary rendition of the civilian duo from Kenya to Uganda without extradition proceedings or due process of law.”
Dr Besigye and lawyers Andrew Karamagi, Godwin Toko, and Anthony Odur jointly sued the two governments.
About a fortnight ago, Dr Besigye alongside his aide Lutale, was arrested in Nairobi, which has gained notoriety as a theatre of espionage games in the East African region. In an elaborate plot hatched by intelligence operatives, Dr Besigye was returned to Uganda by road through the eastern border outpost before being paraded before the General Court Martial in Makindye near Kampala.
Dr Besigye’s lawyer, Mr Erias Lukwago, has since put up resistance against the trial of his client before a court he says lacks jurisdiction to try civilians and also that the alleged offences were committed outside Uganda (Kenya).
