The case was filed by Col. (Rtd) Dr. Kizza Besigye, a former Ugandan presidential candidate and opposition leader, together with his associate Hajj Obeid Lutale. They are represented by lawyer James WaNjeri.
The petition claims that the actions of Kenyan and Ugandan security officials violated the petitioners’ constitutional rights, Kenya’s sovereignty, and established extradition procedures.
Petitioners allege illegal arrest in Nairobi
According to court documents, Besigye and Lutale were legally in Kenya on November 16, 2024, after travelling to attend a book launch hosted by politician Martha Karua.
The petition states that the two were later arrested in Nairobi by eight armed men dressed in civilian clothes who identified themselves as Kenyan police officers.
The petitioners claim they were not informed why they were being arrested, denied access to lawyers, and never taken to a police station or presented before a court.
They allege that they were instead forced into a vehicle and transported towards the Malaba border point.
Petition claims Ugandan security officials crossed into Kenya
The court documents allege that during the journey, the petitioners discovered that Ugandan security personnel were involved in their arrest.
They claim Ugandan officers entered Kenya, conducted the operation with assistance from Kenyan officials, and removed them from the country without following immigration and legal procedures.
The petition argues that the alleged involvement of foreign security agents inside Kenya amounted to a violation of the country’s territorial integrity.
Opposition figures charged in Uganda
After being taken to Uganda, Besigye and Lutale were reportedly held incommunicado at a military facility before being charged before a General Court Martial.
The charges include treason and unlawful possession of firearms.
The petitioners deny the allegations and argue that some of the charges rely on claims that firearms were recovered from them at an apartment in Nairobi.
Petition cites government statements
The petition refers to public statements by Ugandan officials who allegedly acknowledged cooperation between Kenya and Uganda during the operation.
The documents cite remarks by Uganda’s Minister for Information and Defence Forces spokesperson, who reportedly described the action as a coordinated security operation between the two countries.
The petitioners also refer to comments by Kenya’s Cabinet Secretary for Foreign Affairs, Wycliffe Musalia Mudavadi, who they claim confirmed that Kenya cooperated with Uganda in returning them.
Petition challenges extradition process
The petitioners argue that their removal from Kenya bypassed the legal requirements under the Extradition (Commonwealth Countries) Act.
They contend that extradition requires a formal court process and that the alleged transfer to Uganda did not follow the required legal steps.
The petition further argues that some of the offences cited against them do not qualify as extraditable offences under Kenyan law.
Court asked to declare rights violations
The petition seeks declarations that the alleged arrest, detention, and transfer of the two men violated their constitutional rights.
The applicants want the court to find that Kenya’s sovereignty was breached by allowing foreign security personnel to operate within the country.
They are also seeking compensation for the alleged violations and want the court to consider whether officials involved in the operation are suitable to continue holding public office.
The Law Society of Kenya has been listed as an interested party in the matter.
The case is expected to test Kenya’s constitutional safeguards on personal liberty, extradition procedures, and state sovereignty in regional security operations.
