Uganda's opposition leader, Kizza Besigye, and his aide, Hajj Obeid Litale, have sued the Kenyan government, alleging illegal repatriation. In their case filed before the High Court, the two argue that Kenya's security agencies violated the law and the extradition agreement between the two neighbouring countries by handing the two to Ugandan security agents.
Besigye and Obeid are facing charges surrounding the alleged possession of a gun in Nairobi before a Court Martial in Uganda.
However, in their case before the High Court in Kenya, their lawyer, James Njeri, argued on Thursday that the extradition agreement between Kenya and Uganda does not include a clause for possession of a firearm as one of the offences that either country can extradite.
Kenya and Uganda have an extradition treaty under Legal Notice 95 of 1996. " The unlawful repatriation of the Petitioners in the pretext of an extradition was conducted even though the charges of possession of firearms are not among the list under Schedule 1 of the Act listing the description of extradition offences.