By KT Reporter
Opposition politician Dr Kizza Besigye on Tuesday declined to take a plea before the High Court, prompting the presiding judge to enter pleas of not guilty on his behalf and that of his co-accused.
Dr Besigye appeared before Justice Emmanuel Baguma alongside Obeid Lutale and Uganda People’s Defence Forces officer Capt Denis Olaa, facing seven counts, including treason and misprision of treason. Prosecutors allege the trio engaged in activities aimed at overthrowing the government by force.
Proceedings were delayed for more than five hours as defence lawyers and prosecutors traded sharp arguments over amendments to the indictment made earlier in the day. The issue was whether the amended indictment complied with legal requirements on service, timing and substance. Justice Baguma eventually delivered a brief ruling, allowing the amended indictment and directing that plea-taking proceed.
When called upon to plead, Dr Besigye asked to address the court first. But the judge declined, saying any submissions could only follow plea taking. Visibly uncomfortable, Besigye told the court he was unable to plead. “I am not in a position to take a plea at this time. It is simply not possible, as we are being tried by prosecutors and persecutors,” he said.
Lutale also sought to speak but was stopped by the court and compelled to state that he had no comment. Capt Olaa likewise declined to plead, saying he needed time to consult his lawyer. Justice Baguma then entered pleas of not guilty on all counts for each accused.
The court further announced the appointment of assessors: John Musana, Richard Okello and Sarah Babirye. Defence lawyers asked for their particulars, but the judge said full details would be captured and available later, directing counsel to follow up at the registry. The case was adjourned to January 21, 2026, for scheduling, and the accused were remanded.
Earlier, defence counsel Fredrick Mpanga urged the court to reject the amendments, arguing that service of an indictment is a formal legal process requiring proof of service and at least 14 days’ notice. He told the court that the indictment was amended at 12:30 pm and served on the defence at 12:50 pm, barely 20 minutes before the scheduled proceedings.
Mpanga posed two questions for determination: whether alteration of an indictment and plea taking form part of the trial, and whether the court could disregard statutory timelines in a manner that deprives the accused of a legal benefit.
He also raised concerns over a notice of order signed by the deputy registrar on Tuesday but dated Monday, December 29, 2025, and signed by an assistant director of public prosecutions a day before court directions, suggesting possible prior consultation between the court and the prosecution.
Erias Lukwago, also for the defence, argued that service was ineffective because the law requires not less than 14 days’ notice. “Looking at what has happened, there has been no service,” he said. Simon Nsubuga, counsel for Capt Olaa, objected that only the indictment had been amended while the summary, which is critical to understanding the charges before pleading, remained unchanged.
The prosecution, led by Chief State Attorney Richard Birivumbuka, dismissed the objections, saying the defence had previously raised the issues and the state had addressed them. He questioned why the defence sought amendments if they were unwilling to proceed.
Birivumbuka said the state had made substantial changes, including shifting the venue from Nakawa to Kampala, moving the case from the International Crimes Division to the Criminal Division, and correcting the third accused’s particulars. While conceding the summary had not been amended, he said any linkage issues would be clarified during trial. On the question of short notice, the prosecution argued the accused had been appearing in court since August 26, 2025, and were not first-time attendees.
Ruling on the objections, Justice Baguma said the defence complaints centred on alleged non-compliance, but noted his earlier order had specifically directed amendments to the indictment, rectification of errors, and progression to plea taking.
On Monday, Besigye’s lawyers had objected to the plea taking after describing the indictment as defective. In earlier rulings dismissing applications for a stay of proceedings and bail, Justice Baguma cited Section 61 of the Trial on Indictments Act, underscoring plea taking as a fundamental stage of criminal proceedings.
He noted the accused were committed to the High Court on May 29, 2025, with plea taking initially set for September 1, 2025, but repeatedly delayed by applications.
Despite those directions and subsequent amendments, the accused ultimately declined to plead, setting the case on a course toward trial.
-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
