By Faridah N Kulumba
Africa-Press – Uganda. Ugandan human rights lawyers and activists filed a petition in the High Court (Civil Division) seeking the immediate release of two Kenyan political activists who were abducted by the military in Kaliro Eastern Ugandan region.Kenyan activists Nicholas Oyoo and Bob Njagi were kidnapped and taken away shortly after attending a political rally in Uganda for the main opposition presidential candidate Robert Kyagulanyi widely known as Bobi Wine. The two are reportedly being held at Mbuya military facility.
What is in the petition
According to the petition, filed through Kiiza & Mugisha Advocates, alleges that Oyoo and Njagi were unlawfully arrested. The lawyers are seeking habeas corpus against four top security officials, including the Chief of Defence Forces (CDF), General Muhoozi Kainerugaba, the Chief of Defence Intelligence and Security, the Inspector General of Police, and the Attorney General of Uganda, accusing them of unlawful detention.The lawyers are demanding their immediate and unconditional release, arguing that the two men have been held beyond the constitutionally permitted 48 hours without charge.Constitutional- In Uganda, holding a suspect in detention for longer than 48 hours without appearing before a magistrate is a violation of the constitutional right to personal liberty. Such a violation is actionable under Ugandan law, entitling the victim to seek compensation for general and sometimes punitive damages from the state for the infringement of their fundamental human rights.
This rule ensures judicial oversight of the arrest and detention, preventing unlawful detention and promoting access to justice.The delay of producing a prisoner to court at times attributed to illegal detention facilities. Security forces have been documented using unauthorized and unsafe locations for detention, including military barracks and safe houses. Consequences of Violation- Detaining someone beyond the 48-hour limit is considered unlawful detention and a violation of personal liberty under Article 23(4) of the Ugandan Constitution.This violation makes the state vicariously liable for the actions of its agents, such as police or military personnel.
Survivor’s affidavits
The survivor of the abduction, Koffi Atinda, a Kenyan human rights activist, and is a friend of the detainees, filed a supporting affidavit. Atinda says he witnessed the incident and saw his friends taken in a Toyota Hiace van, commonly known as a Drone, by men in both military and civilian clothes and he later learnt they had been taken to Mbuya military facility.Atinda further claims that since his friends’ arrest, the two men have been held without access to lawyers, family, or consular officials and their continued detention is illegal and a blatant abuse of their fundamental human rights, including personal liberty, human dignity, and freedom from torture.
Atinda expressed concern about the notorious reputation of the Mbuya facility, saying it has a history of torturing and harassing critics of President Museveni and his inner circle.He explained that citizens of Kenya and members of the East African Community, have the right to move freely and participate in civic activities without harassment.Free entry and exit- The Common Market Protocol (CMP), enacted in 2010 as part of the East African Community (EAC) Treaty, provides the legal framework for the free movement of people, goods, services, and capital among its member states, allowing citizens to enter, reside, and work in other partner states without a visa. The CMP’s regulations also support visa-free entry, the right of residence and establishment, and the eventual mutual recognition of academic and professional qualifications to ease mobility. The CMP is a fundamental aspect of the EAC citizenship and aims to move towards a political federation, not just an economic project.
NUP’s affidavit
The human rights lawyers and activists petition was further supported by an affidavit from Bobi Wine’s party the National Unity Platform (NUP) Secretary General David Lewis Rubongoya, seeking to compel security agencies to produce Oyoo and Njagi in court “dead or alive” and explain the circumstances of their detention.The High Court is yet to schedule a hearing on the petition. The case has drawn attention to the broader issue of arbitrary arrests and detentions in Uganda, particularly in the context of political activities. The detention of the two Kenyan activists raises questions about the treatment of individuals associated with political campaigns in the country.
Escalation
Africa-Press learnt from Eliud Mureithi Kibii a political and international affairs writer The Star Newspaper that the Civil Society reached out to the Foreign Affairs ministry in Kenya, which consequently formally protested to Uganda of the abduction of the two Kenyans in Kampala. There also organized protests at the Uganda High Commission over the abduction.In the letter that Kibii shared with Africa-Press, dated 6th October 2025, the Civil Society and Organization informed the Regional Police Commander of a peaceful demonstration that will take place at Ugandan Embassy at Riverside at Nairobi County on 9th October 2025.The letter was signed by 625 Movement. Mosquito Liberation Movement, NUP Kenya Chapter, Vocal Africa and Free Kenya Movement.Also, the abductees’ family, accompanied by activists, took their complaints to the Kenya National Commission on Human Rights (KNCHR), urging the commission to probe the matter and exert pressure on the government to do more to have the two released. They anxiously await a resolution, hoping for their swift release and an end to what they describe as an unjust and unlawful detention.
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