Buganda Road Magistrate’s Court has declined to order the unconditional release of opposition leader Dr Kizza Besigye following after a unanimous ruling that he is ‘medically unfit to stand trial’.
Presiding Grade One Magistrate Winnie Nankya on Thursday, February 20, 2025 suspended criminal proceedings in his 2022 incitement to violence case for 60 days to allow him to seek medical treatment.
“Dr Kizza Besigye, given his current state he is unstable and therefore unfit to stand trial at the moment. A stay of these proceedings is a proper remedy to allow him to restore his health. The proceedings are stayed for a period of 60 days , since A1 is a public figure, criminal summons shall be issued when he is deemed fit to stand trial and the hearing date shall be fixed,’’ she stated.
This decision follows the dismissal of a human rights enforcement application in which Besigye sought release from Luzira prison, citing ill health and the absence of a valid remand warrant or pending charges against him.
Magistrate Nankya noted that Besigye had previously filed similar applications before the High Court, which holds superior jurisdiction, and advised him to await the High Court’s decision to prevent conflicting rulings.
She also pointed out that he had been granted bail in the past and that the alleged rights violations did not originate from her court.
“When two similar applications are made in both the Magistrate’s Court and High Court under the human rights enforcement act, the following scenarios may occur. The first is jurisdiction, the High Court has broader jurisdiction and can handle more complex cases including those that are non-degorable rights and freedoms granted under Article 44 of constitutional of Uganda,’’ Nankya said.
Notably, Besigye was not present in court today, and prison authorities did not provide an explanation for his absence.
Dr. Kizza Besigye, a former presidential candidate was arrested in 2022 on charges of incitement to violence after leading protests against the rising cost of living. His legal challenges have been ongoing, with recent developments intensifying concerns about his health and legal rights.
In November 2024, Besigye was detained in Kenya and subsequently returned to Uganda, where he faced additional charges, including treachery—a charge that carries the death penalty.
His detention and the nature of the charges have drawn criticism from human rights organizations and opposition supporters, who view the legal actions as politically motivated.
Besigye’s health has been a significant concern, especially after reports of a hunger strike leading to a frail appearance during court proceedings. His wife, Winnie Byanyima, has expressed doubts about the fairness of his trial and fears for his well-being, describing his capture as an abduction.
With the latest court ruling, it remains uncertain whether Besigye will secure his release through the High Court or continue to face prolonged legal and health-related uncertainties in detention.
