Kasangati Court Grade One Magistrate Prossy Katushabe today ruled that Besigye was right to sue the IGP Kale Kayihura over his continued house arrest.
Katushabe ruled that the court will continue to hear the case amid protest from the Director of Public Prosecution (DPP).
Last week, the acting assistant director in the DPP’s office Caroline Nabaasa argued that IGP Kale Kayihura and Andrew Kaweesi cannot appear before the court over the case since they are executing their duties.
Caroline Nabaasa last week asked court to dismiss the case on ground that Besigye sued the wrong persons.
She ruled that the office of the Attorney General has failed to respond on the matter of suing Inspector General of Police.
The magistrate said she will hear the case and deliver her ruling on the main application on Tuesday morning.
Kizza Besigye has been under house arrest since 18th February presidential elections.
Government maintains that Besigye will not be freed unless he denounces his defiance campaign.