A security source familiar with the covert operation stated that the spies had been monitoring Dr. Besigye, who was in Kenya to attend a book launch hosted by Narc-Kenya leader Martha Karua. However, intelligence sources indicated that President Yoweri Museveni's operatives in Nairobi claimed Dr. Besigye had participated in a series of meetings at a local hotel, including a fundraiser for unspecified, suspicious purposes.
During a court martial in Uganda on Wednesday, November 20, it was alleged that Dr. Besigye and his associate, Hajj Obeid Lutale, had been plotting against Uganda's military targets following their seizure from the Riverside Apartments at the heart of Nairobi in neighbouring Kenya. The intelligence report regarding their alleged meetings was shared with Kampala, leading to a reported agreement between Ugandan and Kenyan authorities to remove Dr. Besigye from the country, albeit illegally.
Sources indicated that the operation was conducted with utmost secrecy and only a few senior officials from Kenya's National Intelligence Service were aware of what was going down. Consequently, Ugandan intelligence agents abducted Dr. Besigye, who was then driven to Kampala by road on Saturday.
Despite this, the Kenyan government denied that Dr. Besigye had been abducted in Nairobi, even though a court martial in Kampala was informed that he had been "arrested" at Riverside Apartments on Saturday, November 16. It is mind-blowing that the military court did not even blink at the illegality of a foreign government arresting a person (even their own national) on foreign soil?
Dr. Besigye, 68, is a former leader of the Forum for Democratic Change (FDC) party and has unsuccessfully challenged President Yoweri Museveni in four presidential elections. In a phone conversation with the Kenyan press on Wednesday, National Police Spokesperson Resila Atieno Onyango stated that they were not aware of any allegations of abduction. "I spoke to Nairobi Regional Commander Adamson Bungei, and he reported that no abduction has been reported," she said.
Dr. Besigye's family relayed that he arrived in Nairobi on Saturday, November 16, and took a taxi from Jomo Kenyatta International Airport to his hotel, Waridi Paradise Hotel and Suites, located about six kilometers from the Central Business District. A few hours later, he left the hotel, took another taxi, and headed to 108 Riverside Drive, where he was scheduled to meet someone in apartment number C1102. This was the last sighting of him in Kenya. His taxi driver reported waiting for over 12 hours in the apartment's basement, from 4 PM Saturday until 4:30 AM the following morning, when he decided to leave after being unable to reach Dr. Besigye on his phone.
Impeccable sources indicate that the opposition leader had informed his team about meeting a Ugandan national at the Riverside Drive apartment, approximately five kilometers from his hotel. The would-be host, whose identity could not be confirmed, is believed to hold a high-ranking position in the Uganda Peoples' Defence Forces.
A fact-finding mission by a local daily in Kenya revealed that the apartment complex consists of three blocks—A, B, and C. Dr. Besigye was reportedly taken to an apartment on the eleventh floor of Block C. During a visit, it was noted that the floor was unusually dark and devoid of human activity. The door to the apartment that Dr. Besigye had entered remained tightly shut, despite attempts by journalists to knock and gain entry.
Guards at the main entrance stated they were unaware that the Ugandan politician had visited and refused to provide any CCTV footage from that day.
"We knew he was coming, but when he didn’t show, we called to check on him. No one answered," an aide to Ms. Karua said. "Initially, we could reach him, but then the line went dead and has remained silent since." The aide also noted that they received distress calls from Dr. Besigye's team in Uganda, inquiring about his whereabouts.
Ms. Karua, the leader of the Narc-Kenya party and convener of the Pan-African Opposition Leaders Solidarity Network, announced on Wednesday that Dr. Besigye was supposed to deliver a speech at the launch of her book, "Against the Tide." His unexpected absence left Ms. Karua and her team anxious, as they had prepared to welcome him to the event.
In a post on X (formerly Twitter) on Wednesday morning, Dr. Besigye's wife, Winnie Byanyima, stated that her husband was being held at a military facility in Kampala following his abduction in Kenya and called for his release from the Ugandan government.
Subsequently, a Ugandan military court charged Dr. Besigye and his ally Lutale with arms possession in Kenya, Greece, and Switzerland. When they were brought before the general court-martial in Kampala, chaired by Brigadier Freeman Mugabe, the prosecution claimed that Dr. Besigye and Mr. Lutale were found in unlawful possession of eight rounds of pistol ammunition on November 16 at Riverside Apartments in Nairobi, which are typically reserved for the Uganda Defence Forces.
The two face charges related to security, in violation of section 128 (1) (f) of the UPDF Act, Cap 330, as well as unlawful possession of ammunition under section 4 (1) & (2) of the Firearms Act, Cap 320. The army alleges that the duo and others still at large committed offenses in Athens (Greece) and Geneva (Switzerland) between October 2023 and November 2024.
The prosecution further claims that Dr. Besigye and Mr. Lutale engaged in meetings in Nairobi, Athens, and Geneva to solicit logistical support and identify military targets in Uganda, with the intent to undermine the security of the Ugandan army.
However, lead defense attorney Erias Lukwago, also the interim president of Dr. Besigye's FDC Party, argued that the charge sheet is flawed since the alleged offenses occurred outside the jurisdiction of the Ugandan military and the Kampala-based court. He asserted that the army tribunal lacks universal jurisdiction over cases claimed to have occurred globally. "The acts detailed in this charge sheet do not constitute criminal offenses under Ugandan law. The UPDF Act does not apply in Kenya, Switzerland, or Greece. What country’s firearms act pertains to the unlawful possession of firearms?" Mr. Lukwago questioned.
He added, "The charge sheet is ambiguous and defective, and it should not stand before this tribunal. We request that this tribunal dismiss the charge sheet accordingly." According to Mr. Lukwago, Dr. Besigye and Hajj Lutale were illegally brought before the army court.
The defense also highlighted the illegality of their transfer from Nairobi to Kampala. "The accused were lawfully in Nairobi for a legitimate meeting. They entered Kenya lawfully. Once in a foreign territory, one can only be returned through the proper process of extradition or deportation. If extradition was the case, it would require a ministerial request, but to our knowledge, no such request exists. If it was deportation, it should have been initiated by Kenyan authorities after a crime was identified, which has not been documented," Mr. Lukwago argued.
Brigadier Mugabe remanded Dr. Besigye and Hajj Lutale to prison until December 2, when they are scheduled to return to court for a case mention.
On Wednesday, the Pan-African Opposition Leaders Solidarity Network condemned Dr. Besigye's kidnapping and detention in a military prison in Kampala, demanding his immediate release and assurances regarding his safety.
Ms. Karua criticized both the Kenyan and Ugandan governments for their roles in the abduction, claiming they violated national, regional, and international laws. "This incident is profoundly disturbing and raises serious concerns. We suspect Dr. Besigye may have been kidnapped after being dropped at Riverside Apartments, likely by Ugandan authorities in collusion with Kenyan officials," she stated.
In Nairobi, the State Human Rights Commission condemned the rise in abductions and enforced disappearances, reporting that it had documented 1,376 arbitrary arrests between June 18 and November. "These rising cases of abductions and enforced disappearances violate the human rights principles our country upholds. We continue to witness and document the cruel and inhumane treatment of individuals taken against their will. The audacious incidents captured on video and in photographs, some even showing civilian and security agent license plates, are dragging our nation back to dark historical times," the Kenya National Commission on Human Rights said in a statement regarding the state of human rights in Kenya from July 2023 to November this year.
"We demand an immediate halt to unlawful arrests, abductions, and enforced disappearances, along with expedited investigations and prosecutions of those found responsible. We also call for the criminalization of enforced disappearances and the ratification of the International Convention for the Protection of All Persons from Enforced Disappearances," the commission stated in a release by Chairperson Roseline Odede.
Dr. Besigye's abduction on Kenyan soil follows closely on the heels of another similar incident three months prior, when 36 Ugandan activists associated with him were arrested in Kisumu and taken across the border. These activists were later charged with treason and remanded to Kitalya Prison.
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