The High Court has now placed the Attorney General under pressure to act after directing that responses be filed within 14 days in the case brought by Ugandan opposition leader Kizza Besigye over his deportation from Kenya late last year.
The order was made after it emerged that two months had already passed since the case was lodged but the government’s legal office had not yet submitted a formal reply on its position.
The matter has now drawn wider attention because of its cross-border significance and the political weight attached to Besigye’s struggles in Uganda.
During the compliance hearing on Monday, lawyer Marwa, appearing for the Attorney General, told the court that despite service of documents having been effected, no responses had been filed.
He explained that the respondents involved in the case occupied different government offices and that letters had been written to coordinate a joint response, but those letters went unanswered.
As a result, Marwa requested the court to grant him an extension of 21 more days to prepare and file the required responses.
Senior Counsel Martha Karua, who represents Besigye, strongly opposed the request. She told the court that the respondents had been served on July 28 and yet by September 29, a full two months later, they had not even entered appearance.
Karua argued that the delay showed disregard for the importance of the matter, and if the State was to be granted any extra time, the court should caution them against such conduct.
She reminded the court that the case was not only about Besigye as an individual but carried implications for political freedoms, regional cooperation, and security, as Ugandan opposition figures had made their way to Kenya to follow the proceedings closely.
Justice Lawrence Mugambi considered the arguments and ruled that the Attorney General had already been given enough time but had failed to act within the original deadlines.
He declined to grant the requested 21 days and instead gave a shorter period of 14 days, stressing that the matter had been pending for too long.
The ruling was a clear signal that the court was unwilling to let the State continue with delays, especially in a case that has drawn criticism from rights groups and observers in both Kenya and Uganda.
The case originates from the dramatic deportation of Besigye from Kenya, an incident that shocked many across the region and sparked sharp criticism from those who saw it as an infringement on his rights.
Besigye, who has been a longtime rival of President Yoweri Museveni in Uganda, together with his aide Obed Lutale, is now challenging the deportation through the Kenyan courts.
Their argument is that the move was unlawful and politically motivated, and that it also reflects a worrying trend of states undermining opposition leaders under pressure from political alliances.
The spotlight remains not only on Besigye’s legal fight but also on the Kenyan government’s handling of sensitive regional political matters.
The decision by the High Court to shorten the extension and demand answers from the Attorney General highlights the seriousness with which the judiciary views the issue.
Observers believe the outcome could have lasting effects on how Kenya balances its international obligations, regional diplomacy, and the protection of individual rights.
Eyes remain on whether the Attorney General will meet the 14-day deadline or whether further delays will continue to test the patience of the court and the wider public following the matter.
