Kenyan officials hope the arrest of Ugandan opposition leader Kizza Besigye in Nairobi and his controversial rendition to Uganda last week will not sully ties with the people there.
It is a balance of obligations, some sources told The EastAfrican , coming in the wake of developments that placed Kenya’s reputation as a rule-of-law kind of nation in contradiction to a show of loyalty to a partner nation of Uganda.
Last week, Dr Besigye was hounded out of Nairobi and court-martialed on charges of carrying an illegal gun, and plotting attacks on security installations in Uganda. Human rights groups condemned Nairobi’s role.
This week, Kenya’s Prime Cabinet Secretary Musalia Mudavadi hosted the wife of Ugandan Dr Besigye, Ms Winnie Byanyima, who is also the executive director of the Joint United Nations Programme on HIV/AIDS (UNAIDS), days after the politician's controversial arrest and repatriation to Uganda.
Even though Mr Mudavadi termed the meeting as a “courtesy call” on him, and only issued a statement regarding Ms Byanyima's UNAIDS role, The EastAfrican established behind the scenes talks on the controversial arrest.
“During our meeting, Ms Byanyima expressed her appreciation to the Government of Kenya for graciously agreeing to host the 55th UNAIDS Programme Coordinating Board Meeting, scheduled to take place in Nairobi from 10th to 12th December 2024,” Mr Mudavadi said in a statement.
Mr Mudavadi said that Ms Byanyima also praised what she termed as Kenya’s remarkable progress in the fight against HIV/AIDS, highlighting that while approximately 1.4 million Kenyans are living with the disease, an impressive 1.3 million are receiving life-saving Antiretroviral Therapy.
“She acknowledged Kenya as a beacon of hope in the global fight against HIV/AIDS, while emphasizing the need to sustain efforts to reduce new infections, particularly among young women and girls, and to minimize AIDS-related deaths.”
Mr Mudavadi had on Tuesday called for restraint in judging the government over Dr Besigye’s controversial arrest on the Kenyan soil. But he did not disclose whether the matter arose during their Wednesday meeting.
But a source disclosed that at the meeting, the PCS "expressed regrets over the controversial arrest on the Kenyan soil."
According to the diplomatic source who spoke on the background, Kenya did not want to be involved in the goings-on about accusations Besigye was facing and hoped Kampala will follow the law in prosecuting any crimes he may have committed.
Kenya, the source indicated, acted by providing the suspect to authorities as demanded, but its role did not extend to condemning Besigye unheard.
It is a dilemma Nairobi has faced recently, seeking to show international partners loyalty while also risking breaking the law. Kenya and Uganda traditionally share mutual legal assistance programmes under the East African Community.
Which means that a suspect fleeing from the justice system in Uganda can easily be re-arrested and sent back to face the law. Besigye’s incident undercut procedure, however. And it is something human rights watchers have lampooned Kenya for.
"The DNA of the Ruto regime is lies and more lies, that statement by the PCS on Besigye abduction is following the DNA of lies and more lies.
“It is a big matter in Kenya, Uganda and internationally to have a foreign national, the Hon Dr Kizza Besigye abducted in Kenya, to have Turkish nationals abducted in Kenya, to have Kenyans abducted contrary to our constitution is a big issue and shows a government full of impunity, a regime not respecting its own people and its constitution and international laws," said Ms Karua.
She was also referring to the deportation of three Turkish nationals in October on request of Ankara. At the time, Kenya argued the three refugees were a security risk on Kenya and also jeopardized relations with a friendly state.
“To think this is a small matter, retrace your steps, you should be apologizing to Kenyans."
Mr Mudavadi had called for restraint on the matter and urged critics to consider the complexities of cross-border diplomacy.
Mr Mudavadi who is also the Cabinet Secretary for Foreign Affairs and acting Interior CS said Uganda remains Kenya’s strong partner despite the incident.
Speaking during a media briefing on 60 years of Kenya’s diplomatic journey held at the Ministry of Foreign and Diaspora Affairs headquarters in Nairobi on Tuesday, Mr Mudavadi said Kenya and Uganda hold strong bilateral ties.
“Uganda is a strong partner of Kenya and we want to continue to maintain strong bilateral ties with Uganda and all other neighbours.
“The incident should not be used to judge us too harshly on what’s Kenya's outcome on foreign policy,” the PCS said. He pointed out that government will resolve “diplomatically,” issues with Uganda.
“We want to continue working with all our neighbours and it’s also important that as much as we are open as a country and allow a lot of latitude, we also believe it’s important that our friends and visitors appreciate it’s important that we maintain good relations with all our partner states,” said Mr Mudavadi.
Mudavadi spoke even as Dr Besigye’s legal team and family continued to explore having a Kenyan to lead his legal counsel at the General Court Martial in Kampala, Uganda, a quest that could further upset the country’s diplomatic relations.
Dr Besigye’s legal counsel Erias Lukwago after consultation with the politician’s wife Ms Byanyima, on Sunday wrote to Narc Kenya leader Martha Karua requesting her to lead their legal team in the matter.
Already the Law Society of Kenya has also written to the Uganda Law Council, assuring of Ms Karua’s qualification for the task.
“This is top confirm that Ms Karua Martha Wangari is an advocate of the High Court of Kenya having signed the roll of advocates on the 19th day of April 1982 and a member of the Law Society of Kenya in good standing as at the 25th day of November 2024.
“We further confirm that she holds a current (2024) practicing certificate and is therefore licensed to practice law. Ms Karua, SC has been conferred the rank of Senior Counsel within the Republic of Kenya, a depiction of her irreproachable professional conduct and good character,” reads the LSK letter by its Chief Executive Florence Muturi.
Ms Karua has already accepted Dr Besigye’s legal and family request to lead the legal battle, a matter that now puts Kenya and Uganda’s diplomatic relations into sharp focus.
She will need a praticising certificate from the legal practice regulator in Uganda, the Uganda Law Council, to be allowed to represent a client in Ugandan courts.
Ms Karua wants to join the firm of Lukwago and Company Advocates of Kampala in the case against Dr Besigye and his associate Obeid Lutale who were abducted in Nairobi last week and ferried to Uganda over claims of possessing firearms.
