By KT Reporter
The High Court Criminal Division in Kampala has deferred the ruling on whether to halt the treason trial of opposition politician Dr. Kizza Besigye and to grant him bail.
In a notice issued on Tuesday, the Assistant Registrar of the Criminal Division, Ssalaamu Godfrey Ngobi, informed lawyer representing Dr. Besigye and his co accused Obeid Lutale and the Prosecution that the ruling, which was expected on December 23 was not ready.
They were told that it will will instead be delivered on December 29, 2025, at 11:00 a.m.
According to the court, the ruling will be delivered physically in court in the presence of the applicants, their lawyers, and the respondent, and not via email as earlier communicated.
The court also issued a production warrant requiring the accused persons to be brought to court on the new date.
The ruling follows heated submissions made on Monday, when the Office of the Director of Public Prosecutions asked court to reject an application seeking to stay the treason trial of Dr. Besigye and his co-accused, Obeid Lutale, as well as a bail application filed by the defence.
The DPP, through Chief State Attorney Richard Birivumbuka, argued that the defence was deliberately employing legal tactics to delay the trial. He told court that the prosecution has been ready to proceed for months and that repeated applications by the defence amount to an abuse of court process.
Birivumbuka further opposed the bail application, arguing that the proposed sureties for Besigye were politically aligned to him and therefore incapable of ensuring his compliance with bail conditions. He also raised concerns that Besigye’s political influence could interfere with witnesses and the trial process.
However, Besigye’s lawyers, led by Ernest Kalibbala, insisted that the trial should be stayed pending determination of a constitutional petition challenging the impartiality of trial judge Emmanuel Baguma. The petition, now before the Constitutional Court, questions whether Judge Baguma can fairly preside over the matter while facing a complaint before the Judicial Service Commission.
Kalibbala argued that proceeding with the trial before resolving the constitutional issues would risk an unfair process and create legal absurdities.
He also defended the bail request, citing Besigye’s age, his history of complying with bail conditions, and the prolonged nature of the proceedings.
Dr. Besigye, together with Lutale and Captain Denis Oola, is facing treason charges related to allegations of plotting to overthrow the government through meetings allegedly held in Uganda and abroad. All the accused deny the charges.
Judge Baguma, after hearing lengthy arguments from both sides in a packed courtroom, adjourned the matter, initially indicating that the ruling would be delivered today via email. That position has now changed, with the court setting December 29 for physical delivery of the ruling.
Captain Denis Oola, whose bail application is separate from that of Besigye and Lutale, was present in court on Monday. The judge indicated that Oola’s bail hearing will be scheduled after the ruling on Besigye’s application.
This is going to be the third time in Besigye’s life to spend Christmas in jail on treason charges.
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