Ugandan opposition leader Dr. Kizza Besigye and activist Hajj Obeid Lutale have filed a lawsuit against the Kenyan government, accusing authorities of illegally arresting them and handing them over to Ugandan security forces. The case, filed in Kenya’s High Court, claims the two men were kidnapped in Nairobi last November while attending a book launch hosted by Kenyan politician Martha Karua.

According to court documents, armed men who identified themselves as Kenyan police officers grabbed Besigye and Lutale, forced them into vehicles, and drove them to the Malaba border under cover of darkness. There, they were handed over to Ugandan authorities without being charged or appearing in a Kenyan court.

“This was not a proper arrest – it was an abduction,” the court filing states. The lawsuit names several top Kenyan officials including the Cabinet Secretaries for Foreign Affairs, Defence, and Interior, as well as the police chief and immigration director. It accuses them of violating Kenya’s constitution and international law by helping Ugandan authorities bypass normal extradition procedures.

After being taken to Uganda, Besigye says he and Lutale were held at Makindye Military Barracks in Kampala without access to lawyers or doctors. They were later charged before a military court with illegal possession of firearms that Ugandan authorities claim were found in Kenya.

Besigye, who has run for president four times against Uganda’s long-time leader Yoweri Museveni, argues that if he had committed a crime in Kenya, he should have been charged there. “I was neither properly arrested nor charged under Kenyan law,” he stated in court papers.

The lawsuit points to public comments by Ugandan military officials who described the operation as a joint effort between Kenyan and Ugandan security forces. This contradicts initial statements from Kenya’s foreign ministry which claimed no knowledge of Besigye’s arrest.

However, Kenya’s Foreign Affairs Cabinet Secretary Musalia Mudavadi later admitted on television that Kenya had cooperated with Uganda in the matter. “He came here, and there were issues, and he had to go,” Mudavadi said in a May 2025 interview.

Besigye’s lawyers argue these conflicting statements show the operation was illegal and politically motivated. The case challenges more than two dozen sections of Kenya’s constitution dealing with human rights, due process, and national sovereignty.

The petitioners want the court to declare their arrest and transfer unconstitutional and to rule that any secret agreements between Kenya and Uganda about extraditions are invalid. They are also seeking financial compensation for their treatment.

This legal battle could have important implications for Kenya’s legal system and its commitments under East African Community agreements. No date has been set yet for the first hearing.

Legal experts say the case will test Kenya’s reputation for upholding the rule of law in the region. Human rights groups are watching closely, as the outcome could affect how governments in East Africa treat political opponents and activists.

Besigye remains one of Museveni’s most prominent critics after decades of opposition politics. His frequent arrests in Uganda have drawn international condemnation, but this marks the first time he has taken legal action against another government over his treatment.

The Kenyan court’s decision could influence how regional governments handle similar cases in future and clarify the rights of foreign visitors in Kenya. For now, the case puts renewed spotlight on East Africa’s sometimes complicated cross-border security cooperation.