Opposition politician Dr Kizza Besigye has accused the State of frustrating his defence in the treason case against him by harassing, arresting and intimidating members of his legal team. He is arguing that the actions have undermined his constitutional right to legal representation and a fair hearing.
Besigye made the remarks on Tuesday before High Court Criminal Division Judge Emmanuel Baguma after the court issued fresh directions on his bail application, despite objections from the defence that several lead lawyers were absent and that a separate application seeking to protect the defence team’s right to represent him had not yet been heard.
He told the court that he had effectively been denied legal representation throughout the proceedings leading to Tuesday’s session, during which his bail application was scheduled for hearing on July 3, 2026. Besigye questioned how he could expect a fair trial when, according to him, lawyers representing him continued to face intimidation.
“Coming to this court seems we will be tried with our eyes closed, mouths zipped, and our hands tied. How shall we get justice in this case?” he said.
Earlier, defence lawyers Moses KB Tugume and Bayern Turinawe told the court that the human rights enforcement application scheduled for hearing on Tuesday had been filed on the instructions of 13 law firms comprising about 50 advocates led by Senior Counsel Martha Karua and Counsel Erias Lukwago.
Tugume said Karua was deported after travelling to Uganda to prepare for the case, while Lukwago was arrested while attempting to serve court documents, developments he said disrupted the defence team and forced the remaining lawyers to seek fresh instructions from their clients.
The defence also informed the court that it had filed a fresh application seeking protection of the applicants’ right to legal representation, the security of defence lawyers and unhindered service of court process. Tugume asked the court to suspend the proceedings until that application is heard.
Turinawe supported the request, saying he could not guarantee his attendance at the next hearing because of what he described as continued harassment of lawyers representing Besigye and his co-accused, Hajji Obeid Lutale. He added that several advocates stayed away from court out of fear for their safety, arguing that lawyers should not be intimidated while carrying out their professional duties.
Tugume also informed the court that several members of the defence team, including Martha Karua, Erias Lukwago, Ernest Kalibbala, Ivan Bwowe, Apollo Katumba, Eron Kiiza, Abdullah Kiwanuka and Kato Tumusiime, were absent. Only 10 lawyers attended court out of a team of nearly 50 advocates.
The State opposed the request to halt the proceedings. State Attorney Johnson Natuhwera, representing the Attorney General, submitted that the Attorney General was acting for all respondents in the human rights enforcement application, in which Chief of Defence Forces Muhoozi Kainerugaba and two UPDF officers are accused of violating Besigye’s and Lutale’s rights during their arrest in Kenya.
Natuhwera said the respondents had complied with previous court orders by filing replying affidavits denying any wrongdoing. He argued that Besigye and Lutale had sufficient time to reorganise their legal team following the absence of Karua and Lukwago and remained represented by several experienced advocates.
He further argued that there was no legal requirement for proceedings to continue only in the presence of specific senior counsel and urged the court either to dismiss the application seeking a stay of proceedings or allow it to proceed separately without interrupting the main case.
In rejoinder, Tugume argued that Gen. Muhoozi Kainerugaba and the two UPDF officers had been sued in their individual capacities under the Human Rights (Enforcement) Act and could not therefore be represented by the Attorney General.
In his ruling, Justice Baguma acknowledged that the application had been filed jointly by 13 law firms and granted the defence until July 2 to assemble a legal team of its choice. However, he ruled that the newly filed application concerning legal representation could not automatically halt the ongoing proceedings.
The judge directed both parties to file written submissions, with rejoinders due by July 6, before delivering his ruling electronically through the Electronic Court Case Management Information System (ECCMIS) on July 8 at 3:00 p.m.
The court also set fresh timelines for the bail applications of Besigye, Lutale and Captain Denis Oola. The State must file its response by 6:00 p.m. on July 1, and the defence any rejoinder by 11:00 a.m. on July 2, while the substantive hearing is scheduled for July 3 at 2:00 p.m.
Besigye, Lutale and Oola face treason charges. Prosecutors allege they held meetings in Geneva, Athens, Nairobi and Kampala to solicit funds, acquire weapons and organise paramilitary operations. The prosecution alleges that Besigye met a Kurdish intelligence agent identified as Andrew Wilson (AW) and received US$5,000 to facilitate the transport of 36 Ugandan recruits to Kisumu, Kenya, for military training. The recruits were reportedly intercepted and deported before the training began.
The State further alleges that Besigye sought to acquire surface-to-air missiles, ricin poison and counterfeit currency, and planned to use drone technology to assassinate President Yoweri Museveni. According to the prosecution, it has audio and video recordings, social media messages, immigration records and phone logs linking the accused to the alleged plot-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
