By The Kenyan High Court has scheduled a crucial hearing in a constitutional petition filed by Ugandan opposition leader Dr. Kizza Besigye and his associate Hajji Obeid Lutale, challenging their arrest and extradition from Kenya to Uganda in November 2024.
The case, registered as HCCHRPET/E461/2025 – Kizza Besigye vs. Cabinet Secretary for Interior and Coordination of National Government, is slated for mention on September 29, 2025, at 9:00 AM before the Milimani High Court (Constitutional and Human Rights Division) in Nairobi.
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According to court documents, the petitioners accuse the Kenyan government of violating both domestic and international legal safeguards by allegedly orchestrating their forceful removal from Kenyan territory without due process. They argue that their extradition contravened the Commonwealth Extradition Act (Cap. 77) and ignored established protocols governing interstate transfers of suspects.
Besigye and Lutale maintain that they were in Kenya lawfully at the time of their arrest in late 2024. Their petition asserts that the extradition lacked judicial oversight and amounted to an illegal rendition, bypassing formal procedures including issuance of warrants, legal representation, and court-sanctioned hearings.
The petition names the Cabinet Secretary for Interior and Coordination of the National Government as the principal respondent. The applicants are also expected to argue that the Kenyan authorities violated their constitutional rights, including the right to liberty, security, and protection from arbitrary detention.
This Nairobi case forms part of a broader regional legal offensive. In December 2024, the same petitioners filed a related complaint before the East African Court of Justice (EACJ) in Arusha, Tanzania, seeking a regional ruling on the legality of their alleged cross-border abduction. That case is still pending determination.
Legal analysts have described the Nairobi hearing as a potentially precedent-setting matter, not only for Kenya but also for regional enforcement of extradition protocols and human rights guarantees under the East African Community (EAC) framework.
The case has attracted attention from civil liberties groups and legal watchdogs across the region. Observers say the proceedings will test Kenya’s commitment to constitutionalism, especially in politically sensitive cases involving foreign nationals.
Dr. Besigye, a former presidential candidate and long-standing critic of Ugandan President Yoweri Museveni, has previously faced multiple arrests and prosecutions in Uganda. His current legal troubles stem from charges reportedly linked to incitement and unlawful assembly. Hajji Obeid Lutale, a political associate and activist, was arrested alongside him.
With the September mention date now confirmed, both the Kenyan judiciary and the wider East African legal fraternity will be watching closely as the case unfolds—potentially reshaping norms around regional cooperation in law enforcement and human rights protection.
