NAIROBI, Kenya — A Nairobi High Court, on Monday, September 29, 2025, granted the Attorney General (AG) 14 days to file responses to a petition challenging the controversial deportation of Ugandan opposition leader Dr Kizza Besigye. Justice Lawrence Mugambi declined the AG’s request for 21 days.
The petition was filed by Dr Besigye and the second petitioner, Hajj Obeid Lutale. State Counsel Marwa, representing the AG, pleaded with the court for the longer period, citing difficulties in coordinating a joint reply from multiple respondent offices due to unanswered letters.
“Your Lordship, I’m here to plead with the court to give me more time to be able to file my response to the petition. I would request the court to give me 21 days,” Counsel Marwa submitted to court.
However, the application for more time was strongly opposed by Senior Counsel Martha Karua, who is representing Besigye. She highlighted the extensive delay by the State Law Office in responding to the petition.
Ms Karua argued: “My Lord, they were served on July 28, 2025; today is September 29, 2025. For a whole two months they have not even entered an appearance. If they had entered an appearance and were asking for time, having written letters—I don’t know on what date—one would understand more,”.
Ms Karua further cautioned the court that if it were to grant the extension, the State Law Office should receive a warning against expecting judicial leniency.
“If you are inclined, My Lord, to give them more time, I think it’s a proper case where the State Law Office must be cautioned; they should not expect special favours from the court. Why would they take two months to enter an appearance and even respond to the issues?” Senior Counsel Karua stated.
Ms Karua underscored the urgency of the matter, noting that the outcome of the Milimani High Court case has significant bearing on a related case Dr Besigye is facing in Uganda. Additionally, she stated that the case affects security issues concerning cross-border visits between the two countries.
Allegations of abduction and illegal detention
According to court documents, Dr Besigye and Hajj Obeid Lutale had arrived in Kenya on November 16, 2024, after being invited by Martha Karua to attend her book launch.
However, the petition alleges that security agencies from Uganda later unlawfully, forcefully, and violently abducted the petitioners within Kenyan territory and drove them back to Uganda under the cover of darkness.
The petition states that shortly before the abduction, eight men in civilian clothes, armed with submachine guns, introduced themselves to Besigye and Hajj as Kenyan police and informed them they were under arrest.
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Details of the forced journey were laid out in the court papers: “The individuals who identified themselves as police had three vehicles. The petitioners were then bundled into one vehicle with four other persons, including the driver, while the others occupied the other vehicles. The three vehicles then escorted the petitioners’ car to a fuel station where their vehicle was refuelled, after which they drove straight to the Malaba border post.”
Upon arriving in Kampala, the petitioners allege they were detained incommunicado at Makindye Military Barracks, a place not gazetted for civilians. They argue they were denied the rights of arrested persons, including access to lawyers, family, and medical assistance.
Crucially, the two men were subsequently produced before the Uganda General Court Martial in Makindye. They were charged with possession of firearms while in Kenya, contrary to Sections 1 and 2 of Uganda’s Firearms Act, Cap 320, for alleged crimes committed inside Kenyan territory.
The Government of Uganda has previously confirmed that the arrest and extradition were conducted in concert with officials of the Government of Kenya.
