A High Court petition in Nairobi alleges that Kenyan authorities worked with Ugandan officials to illegally abduct and extradite two Ugandan opposition figures.
The petition claims that the Ugandan Opposition Figures Extradition involved serious violations of Kenya’s sovereignty and the rights of the two men.
Petitioners challenge their arrest and removal
Col. (Rtd) Dr. Kizza Besigye, a veteran opposition leader and former presidential candidate, filed the petition alongside his associate, Hajj Obeid Lutale.
Their lawyer, James WaNjeri, is representing them in the case.
The petitioners state that they arrived in Kenya on November 16, 2024, to attend a book launch hosted by politician Martha Karua.
According to the court documents, eight armed men in civilian clothing arrested them in Nairobi. The men allegedly identified themselves as Kenyan police officers.
The petitioners claim that authorities did not explain the reason for their arrest. They also allege that officers denied them access to lawyers and failed to present them before a court.
Alleged transfer to Uganda
The petition states that the officers placed the two men in a vehicle and drove them to the Malaba border post.
The petitioners say they later discovered that Ugandan security officers participated in the operation.
They allege that the Ugandan agents entered Kenya, carried out the operation with assistance from Kenyan officials, and returned to Uganda with them without following immigration procedures.
After arriving in Uganda, authorities held Besigye and Lutale at a military facility before charging them before a General Court Martial.
The charges include treason and unlawful possession of firearms. The petitioners deny the allegations and maintain that they committed no offences.
Officials’ statements cited in court
The petition refers to statements from Ugandan officials, including the Minister for Information and the Defence Forces Spokesperson.
The officials reportedly described the arrest as a coordinated operation between Kenya and Uganda under an existing security arrangement.
The statements contradicted earlier comments from a senior Kenyan foreign affairs official who denied Kenya’s involvement.
However, the petition cites Foreign Affairs Cabinet Secretary Wycliffe Musalia Mudavadi, who later said that Kenya cooperated with Uganda in returning the two men.
Petition challenges extradition process
The petitioners argue that the operation ignored the Extradition (Commonwealth Countries) Act.
They claim the law requires a court process before Kenya can surrender a person to another country.
They also argue that firearm possession does not qualify as an extraditable offence under the relevant Kenyan law.
The petition asks the High Court to declare that authorities violated the petitioners’ constitutional rights.
It also seeks a finding that their removal from Kenya was unlawful and that foreign security forces operating in Kenya breached the country’s sovereignty.
Case seeks damages
The petitioners are also seeking compensation and a declaration that the officials involved are unfit to hold public office.
The case lists the Law Society of Kenya as an interested party.
The petition is expected to test Kenya’s constitutional protections and the limits of regional security cooperation.
