Judges tell Besigye to go seek justice in his court since he formed his government following his 2011 walk to work case
After losing again the 2016 presidential elections, Dr Kizza Besigye Kifeffe swore himself in as the president-elect of the Republic of Uganda after rejecting the election results and the Supreme Court judgement over the matter and termed President Yoweri Kaguta Museveni a junta, who forcefully assumed power.
Besigye did not end at the swearing-in himself as a president, he went ahead to appoint his cabinet.
Now, after all these happenings, Dr Besigye wants the court to rule his 2011 case where he was arrested and subsequent prosecutions during the walk to work campaign as unconstitutional because they were based on ‘unconstitutional charges’ in the Penal Code Act.
Filing the case, Besigye said the charges of unlawful assembly against him were illegal because it contravened the 1995 Constitution Articles 21, 27, 29 and 43, which have been recurrently used by Police to deny him full enjoyment of fundamental rights and freedoms he’s entitled to.
Responding to Besigye’s petition on Thursday 12, December 2019, justices including Kenneth Kakuru, Geofrey Kiryabwire, Elizabeth Musoke, Stephen Musota, Cheborion Barishaki fired back at Besigye telling him to go and receive justice in his court or the judge who swore him in, since he formed his legitimate government.
In the majority judgement written by Justice Kenneth Kakuru, Besigye was wrong to go ahead and swore himself as President-elect of Uganda, form his government and again turn to the court under President Museveni’s government for justice.
“In 2016, he again lost to president Museveni but he didn’t challenge the election. However, another presidential candidate Amama Mbabazi did and the Supreme Court unanimously dismissed the petition and confirmed the results of that election,” the majority judgement written by Kakuru stated. “The petitioner (Besigye) however, chose to reject the decision of the Supreme Court.”Tweet
“He publicly declared and has done so ever since 2016 that the election of that year was a sham and that it didn’t reflect the will of the people of Uganda. The petitioner on may, 11, 2016 swore himself in as president of Uganda,” the Judgement added.Tweet
Justice Kakuru in the judgement also said that Besigye acted hypocritically when he insisted that he won the 2016 elections by 52% and claimed that he was obstructed from proving his victory before the court.
Now according to Kakuru, Besigye actions amounts to contempt of Supreme Court that had announced President Museveni as the next President of Uganda. And anyone found guilty of contempt, every court has a right to deny a hearing to that person.
“Every court has a right to deny the audience to any person found guilty of contempt. He or she may not be heard or granted any remedy until he purges himself to that contempt,” Kakuru said.Tweet
“I would, therefore, decline to grant the remedies that he seeks in the petition. Maybe he will have to seek audience before his court or before the ‘judge’ who swore him in as president.”Tweet
The judgement adds that it was wrong for Besigye to launch the Tubalemese campaign to facilitate the establishment of a “legitimate” national assembly.
And after run to court seeking a declaration of his earlier arrests and prosecutions illegal, under the government he considers illegitimate.
“In the petition, the petitioner seeks to hold accountable a government that he considers illegitimate by invoking powers of a court-appointed under such a government. He cannot do so. it is an exercise in futility,” Kakuru said in the judgement.Tweet