Jailed opposition politician Dr Kizza Besigye has told the High Court in Kampala that he nearly died while on a hunger strike during his prolonged detention, as he opposed the hearing of his bail application in the absence of his lawyers, arguing that his constitutional right to legal representation had been systematically undermined. Appearing before Emmanuel Baguma alongside his co-accused, Hajj Obeid Lutale and Captain Denis Oola, Besigye said the crisis surrounding his legal team had left them unable to fairly prosecute their bail applications despite spending about 20 months on remand.
“I then went on a hunger strike; I almost died,” Besigye told court as he narrated the events that followed the Supreme Court of Uganda decision of January 31, 2025, which stopped the trial of civilians before military courts. The Friday hearing had been scheduled for arguments on the bail applications filed by Besigye, Lutale and Oola. However, none of the defence lawyers appeared in court.
Assistant Director of Public Prosecutions Thomas Jatiko informed court that the prosecution was ready to proceed. “The accused persons are in court, but counsel for the accused persons are not incourt. The last time the matter came up it was fixed for hearing of the bail application. We are ready to proceed,” Jatiko submitted.
Instead of proceeding with the application, Besigye addressed court at length -for a full hour- narrating a chronological order of events what he described as a continuous violation of his right to legal representation from the time he was arrested in Nairobi. He said he and Lutale were brought to Uganda in November 2024 without access to lawyers and detained incommunicado before being taken to court.
According to Besigye, they were surprised to find former Kampala Lord Mayor Erias Lukwago and several other lawyers whom they had not previously known volunteering to represent them. Besigye said they were initially arraigned before the General Court Martial, which he argued was later declared unconstitutional by the Supreme Court for trying civilians.
He recalled that military prosecutors had claimed they possessed firearms, arguing that the alleged weapons had initially been linked to Kenya before later being described as firearms belonging to the Uganda People’s Defence Forces. He also questioned why Captain Denis Oola was only added to the case after already spending more than a year in detention, saying his inclusion became the basis for keeping the matter before the military court.
Besigye further told court that one of their lawyers, Eron Kiiza, was violently arrested during proceedings before the General Court Martial and later charged, while another lawyer, Major Ronald Iduli, was also arrested. He said because of the international nature of the allegations, which he claimed related to activities in Uganda, Kenya, Switzerland and another country, they requested Kenyan Senior Counsel Martha Karua to lead their defence.
According to Besigye, Karua was initially denied a temporary practising certificate before eventually being licensed following protests by the defence team.Following the Supreme Court decision halting civilian trials before military courts, Besigye said they remained in prison for several months before eventually being transferred to the civilian courts and charged afresh. It was during that period, he said, that he resorted to a hunger strike.
“I then went on a hunger strike, I almost died. We were then taken to Nakawa Court and recharged with the current charges,” Besigye said. He further complained that despite prosecution being ordered in December 2025 to disclose its evidence, the process was only completed on June 1, 2026, leaving the defence with insufficient time to prepare.
Besigye said he repeatedly asked court to allow adequate time for consultation with lawyers before trial commenced. He added that although their lawyers attempted to meet them in prison to study the disclosed evidence, prison authorities informed them that court had only directed that the lawyers be allowed access on non-working days and had not communicated arrangements for adequate consultation facilities.
According to Besigye, frustration over these challenges led their lawyers to stay away from court while pursuing several preliminary applications, including one seeking enforcement of their constitutional rights.He also referred to an application seeking the recusal of the trial judge following earlier decisions denying them mandatory bail when they had clocked the mandatory180 days in prison.
Besigye further linked the current absence of his lawyers to recent events involving Lukwago. He alleged that while preparing to serve court documents on respondents, including Muhoozi Kainerugaba, Lukwago’s home was raided, he was detained, tortured and later charged with misprision of treason.
Besigye claimed photographs allegedly showing Lukwago under torture were published to intimidate members of the defense team. He further alleged that Martha Karua was detained and declared persona non grata when she travelled to Uganda to engage with matters concerning the case, while other lawyers also reported receiving threats.
“The latest crisis is caused by Muhoozi Kainerugaba,” Besigye said. “Without legal representation we don’t know how we will proceed. We believe this was intended to disorganise our legal team so that the state gives us lawyers to represent us.” He argued that the developments had made it impossible for the defence to effectively prosecute their bail application.
“We are very anxious to get out of prison. We have been there for 20 months. Sadly, when we are in deep crisis with no legal representation, that is when the opportunity for the bail hearing comes up.” said Besigye.
Besigye said although they desperately wanted their freedom, they had instructed their lawyers to suspend appearing in the case until issues concerning legal representation and fair trial rights were resolved. “It is not possible to defend yourself when your hands are tied, your face covered and your lips sealed,” he said.
“I insist on legal representation of our choice and until court decides otherwise, it is only prudent that we remain in prison until further notice. He added that the issues raised were not personal but affected the rule of law in Uganda.This is not a matter that touches me alone. What is happening can happen to anyone, including you, my Lord,” he told the judge, drawing applause from members of the public in the courtroom.
Judge Baguma confirmed receiving a letter from Besigye outlining the concerns.
Responding, Senior State Attorney Jonathan Birivumbuka said the Office of the Director of Public Prosecutions only assumed conduct of the matter after fresh investigations in February 2025 and was not involved in proceedings before the General court martial. He said the prosecution was unaware of the circumstances surrounding Besigye’s arrest in Nairobi since those events fell outside the civilian justice system.
Birivumbuka disputed claims that the accused were committed to the High Court without legal representation, saying defence lawyers were present during committal proceedings but voluntarily walked out in protest. He argued that while the accused had the right to file applications, the numerous applications filed by the defence had delayed commencement of the trial by about six months. According to Birivumbuka, prosecution had initially withheld five witness statements over fears of intimidation before later withdrawing an application for witness protection and disclosing all statements to the defence in interest of a speedy trial.
He also said the court had directed the prosecution to begin presenting witnesses after disposing of preliminary issues. Birivumbuka rejected suggestions that the prosecution was responsible for the difficulties facing the defence team. He said although Lukwago had been charged with misprision of treason, the prosecution had no knowledge that he had been arrested. by Gen. Muhoozi Kainerugaba, nor was it aware that Martha Karua had been deported or declared persona non grata.
He further told court that on June 30, defence lawyers had indicated they were ready to receive hearing schedules and had never informed court that they would not appear for the bail hearing. According to Birivumbuka, the prosecution had even attempted to serve its response to the bail application, but defence lawyers declined to receive it on grounds that they no longer had instructions. He argued that since Besigye had expressedanxiety to leave prison, he ought to have proceeded with his bail application instead of seeking further delay.
Birivumbuka asked court to dismiss the bail application under the Judicature Act, saying the applicants remained free to file another application in future. He also informed court that prison authorities had since confirmed providing facilities to enable the accused to consult their lawyers.
Captain Denis Oola on his part has associated himself with Besigye’s submissions, saying he was approaching three years on remand and that his own bail application, filed in 2025, had repeatedly been adjourned. He said every court appearance required him to transport sureties from Gulu at his own expense despite having no source of income while in prison.
“I am about to make three years in jail. Every day court sits, I transport sureties from Gulu. The money comes from friends and relatives,” Oola told court. He asked for his bail application to be fixed for hearing at the earliest opportunity.
The prosecution did not object to Oola’s request.
Judge Baguma said he would issue fresh hearing dates through the Electronic Court Case Management Information System (ECCMIS) on July 8 before adjourning the matter.
Dr Kizza Besigye, Lutale and Captain Oola are jointly charged with plotting to overthrow the legitimate government of Uganda s crime reportedly committed in Geneva Switzerland, Nairobi Kenya among others. They have since denied the treason charges-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
