A explosive petition filed at the High Court in Nairobi alleges that the Kenyan government colluded with Ugandan authorities to illegally abduct and extradite two Ugandan opposition figures.
The petition, brought by Col. (Rtd) Dr. Kizza Besigye, a veteran opposition leader and former presidential candidate, and his associate, Hajj Obeid Lutale, is being pursued by their legal counsel, James WaNjeri. The court documents detail serious violations of Kenyan sovereignty and the petitioners’ fundamental rights.
According to the filing, the two men were lawfully in Kenya on November 16, 2024, to attend a book launch at the invitation of politician Martha Karua. The petition states that they were subsequently arrested in Nairobi by a group of eight armed men in civilian clothes who identified themselves as Kenyan police. The petitioners allege they were not informed of the reason for their arrest, denied access to lawyers, and were never taken to a police station or presented before a court.
Instead, they were bundled into a vehicle and driven directly to the Malaba border post. It was during this journey that they realized their captors included Ugandan security personnel. The lawsuit claims that the Ugandan agents, with the knowledge and facilitation of Kenyan officials, crossed into Kenya, conducted a security operation, and exited with the petitioners without undergoing standard immigration checks.
Upon arrival in Uganda, Besigye and Lutale were detained incommunicado at a military barracks and later charged before a General Court Martial. The charges against them include treason and unlawful possession of firearms, with some allegations stating the firearms were found on them at an apartment in Nairobi. The petitioners deny these charges.
The court filing highlights a series of public admissions from Ugandan officials, including the country’s Minister for Information and the Defence Forces Spokesperson, who stated that the arrest was a coordinated effort between the two nations under an existing “legal framework” or security memorandum of understanding.
These statements directly contradict earlier denials from a senior Kenyan foreign affairs official. However, the petition cites Kenya’s Cabinet Secretary for Foreign Affairs, Wycliffe Musalia Mudavadi, who later confirmed on television that the government had “cooperated” with Uganda to send the petitioners back.
The petitioners argue that this operation blatantly bypassed the Extradition (Commonwealth Countries) Act, which sets out a strict legal process requiring a court order for any surrender of individuals to another country. They contend that the charge of firearm possession is not even listed as an extraditable offence under the relevant Kenyan law.
The legal action seeks several declarations from the court, including that the petitioners’ constitutional rights were violated, that their removal from Kenya was illegal and unconstitutional, and that allowing foreign security forces to operate on Kenyan soil was a breach of the country’s territorial integrity and sovereignty.
The petitioners also seek damages and a finding that the involved government officials are unfit to hold office. The case, which also names the Law Society of Kenya as an interested party, is poised to be a significant test of Kenya’s constitutional adherence and the extent of its sovereignty in regional security matters.
