- AG’s office sought 21 days to respond to the petition but was denied.
- Justice Lawrence Mugambi allowed only 14 days for filing.
- Martha Karua opposed the delay, citing two months of inaction.
- The case involves claims of unlawful abduction and deportation of Ugandan opposition leader Dr. Kizza Besigye and Hajj Obeid Lutale.
- Petition raises questions on Kenya–Uganda cross-border security collaboration.
A Nairobi High Court has refused a request by the Attorney General’s office for 21 more days to respond to a petition filed by Ugandan opposition leader Col (Rtd) Dr Kizza Besigye and his co-petitioner, Hajj Obeid Lutale.
Justice Lawrence Mugambi ruled on Monday, September 29, 2025, that the State already had ample time and instead gave them 14 days to file their responses.
When the matter came up for compliance, State Counsel Marwa admitted that no response had been filed despite the AG’s office being served.
He explained that several state agencies were involved, and attempts to coordinate a joint response had failed.
“Your lordship, I am here to plead with the court to give me more time to be able to file my response to the petition. I would request the court to give me 21 days,” Marwa submitted.
Senior Counsel Martha Karua, representing Besigye, opposed the extension, arguing the AG had already delayed for two months.
“My lord, they were served in July. For a whole two months, they have not even entered an appearance. If they had done so and were seeking time, one would understand. But they have done nothing,” Karua told the court.
She further urged the court to caution the State Law Office against expecting special treatment and stressed that the matter had political and regional security implications.
Court filings show that Besigye and Lutale entered Kenya on November 16, 2024, to attend Karua’s book launch. The petitioners allege they were abducted by armed men identifying as Kenyan police officers, bundled into vehicles, and driven to the Malaba border, where they were handed to Ugandan authorities.
Once in Uganda, they claim they were detained incommunicado at Makindye Military Barracks, denied lawyers, family, and medical help, before being charged at the General Court Martial with possession of firearms offences they say were fabricated.
The Ugandan government has publicly stated that the handover was done in collaboration with Kenyan officials, a claim now under scrutiny in the Nairobi case.
Justice Mugambi directed the AG to file all responses within 14 days, setting the stage for a heated legal battle. The proceedings are being closely monitored across the region, given their potential impact on cross-border relations and political freedoms.
