Kenya's safe haven image fades amid Besigye's plight in illegal detention

Kenya will find itself in a difficult position, should, God forbid, Ugandan opposition leader Kizza Besigye—whose doctors report life-threatening health issues—die in detention.

Human rights groups argue that the country’s top leadership and law enforcement officers had the moral, legal and diplomatic responsibility to protect his life when he was violently abducted last November at 108 Riverside Apartments in Nairobi, but failed to do so. 

The Law Society of Kenya has called for immediate international intervention following his abduction, stressing the importance of highlighting this serious human rights violation.

The outspoken politician’s health condition has been described by his doctors as “extremely worrying and worsening after he went on a hunger strike.” His frail appearance, which was shared widely on mainstream and social media, has sparked outrage from supporters and human rights activists.

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READ: Uganda opposition leader Besigye 'critically ill' in jail, lawyer says

So far, Kenyan authorities have not offered any meaningful explanation as to how Ugandan military officers were able to drive to Nairobi, enter a high-end apartment and abducted Besigye at night before transporting him to Kampala through the Busia border.

In response to the alarming deterioration of his health, opinion leaders in Kenya yesterday argued that Besigye’s right to a free trial and other legal processes could not have been violated had law enforcement officers acted responsibly as required by the law.

“When I see Besigye’s frail image, I also reflect why the people who made his arrest and detention possible should take full responsibility because they are directly complicit in the abuse of his rights and fundamental freedoms,” says the Centre for Multi-Party Democracy, Director Franklin Mukwanja.

It is argued that Kenya should not have allowed Uganda to seize Besigye, as it is a signatory to both international and regional legal frameworks that protect both citizens and foreigners from arbitrary detention without trial.

All East African countries are bound by the statute of non-interference in the internal affairs of other member states, a principle that Uganda appears to have violated in Besigye’s case.

Last year, Foreign Affairs Principal Secretary Korir Sing’oei denied claims that Kenya cooperated with Uganda in Besigye’s arrest, dismissing accusations that Kenyan police officers handed him over.

However, Uganda’s Information Minister Chris Baryomunsi contradicted him, confirming that Uganda had reached out to the Kenyan government for assistance in the arrest. He also questioned how such an operation could have taken place without the full knowledge and support of the Kenyan authorities.

“Dr Kizza Besigye was arrested. The government of Uganda was in touch with the government of Kenya. Otherwise, how would you arrest somebody from the middle of Nairobi and then bring him back to Uganda through the airport or even by land without the full knowledge and support of the state in Kenya?” Baryomunsi asked.

It is indeed telling that Kenya has remained silent and contended with Uganda’s action four months later because she has neither publicly raised any concern nor protested against the abduction.

Uganda’s Daily Monitor newspaper yesterday reported that the opposition figure had been critically ill in jail before he was taken to hospital after repeated appeals by his lawyers.

“Dr Besigye was on Sunday evening rushed to a medical facility in Bugolobi, Kampala, after consultations between his medical team and the prison authorities, but was taken back to detention after the medical attention,” said the report.

The 68-year-old opposition leader is on a hunger strike, protesting against his detention at the Luzira Maximum Security Prison in Kampala since he was violently seized after attending opposition leader Martha Karua’s book launch in Nairobi.

Ugandans protested in the streets of Kampala and warned the government of dire consequences over the continued detention of Besigye despite his frail health. It was later reported on Sunday evening that authorities had succumbed to pressure and moved the military trial to a civilian court.

The Information minister announced that the case would be transferred to a civilian court after he visited Besigye in prison and allegedly urged him to end his hunger strike while his case is moved.

The opposition leader’s wife Winnie Byanyima, however, called the visit highly suspicious: “You are not a concerned visitor. You are his captor, she said on X. We will hold you and the government fully accountable for any harm that comes to him.”

She later narrated the horrific and pathetic conditions in which her husband is being held after visiting him at the heavily guarded military prison.

Byanyima said that he is locked in a small dark room, a cell that is reserved for terrorists: “I went through six or seven doors before arriving at his room which is located along a dark and narrow corridor. He was lying on a small bed that took up the length of the entire room.”

Concern was also raised about his health after she lamented that he was now very weak, having lost an alarming amount of weight and is also dizzy because of not eating anything for five days.

Expressing her outrage, Byanyima said the detention was illegal because he was kidnapped. She also demanded that President Museveni and his son Muhoozi, who is Uganda’s military chief, release him without further delay because, like them, he is a citizen with rights.

The family had earlier yesterday written a letter to Museveni urging him to respect the court order which declared his court martial illegal. They also told the president that he bears personal responsibility for his safety and well-being.

Last month, Karua was granted a licensing certificate to represent Besigye at the court-martial, where she argued that it had no jurisdiction to try him. She has, however, been conspicuously absent since her first appearance where she made a powerful argument on his illegal abduction and why he should be tried in an open court.

On Monday, Uganda’s opposition leaders drawn from various political parties again demanded his immediate release within 48 hours and also asked that he be given access to specialized medical treatment as soon as possible.

As Besigye’s tribulations continue, attention is now shifting to Kenya—a country that once provided a safe haven for opposition leaders fleeing persecution, including Uganda’s President Yoweri Museveni. However, Kenya now appears to be a perilous place where such individuals are no longer assured of safety.

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“Kenya has a long history of protecting political dissidents.

Political analyst Barack Muluka believes President Ruto’s government acted recklessly and thoughtlessly in handling Besigye’s alleged rendition to Uganda.

“We currently lack a foreign policy. This is the lowest point we’ve reached. As a country, we are not only complicit but also guilty for what is happening to him,” Muluka states. Considering Uganda’s history of torturing opposition leaders and dissidents, Muluka finds it naive for the government to assume Besigye wouldn’t face torture after his abduction and rendition. His arrest in Kenya could now come back to haunt the country and its leadership.

Prof Gitile Naituli of Multi-Media University has raised concerns over the rising frequency of abductions and deportations of foreign nationals, calling it a troubling trend.

“It is regrettable that Turkish opposition leaders, South Sudanese dissidents, Besigye, and, more recently, a Tanzanian activist—who was later released after an uproar—have been seized in Nairobi without explanation,” Naituli states.

He argues that Uganda should have applied for Besigye’s extradition and obtained a court order before handing him over to face charges if any crimes were committed.

Naituli warns that if Ugandan officials indeed entered the country, raided a hotel, and seized a visitor, it indicates that neither Kenyans nor visitors are safe.