High court orders Besigye treason trial to commence within a week

The High court in Kampala has ordered that the treason trial of veteran opposition politician Rt Col Dr Kizza Besigye proceed within a week, despite objections from the defence that it has not been given sufficient time to prepare.

Besigye is jointly charged with his aide, Hajji Obeid Lutale Kamulegeya, and Uganda People’s Defence Forces (UPDF) Capt Denis Oola on allegations of plotting to overthrow the government of Uganda.

On Monday, justice Emmanuel Baguma of the High court’s Criminal Division directed that all pre-trial proceedings, including the selection and swearing-in of three assessors, be completed by June 8, 2026.

He further ordered that the prosecution begin presenting its witnesses on June 11, 2026. The prosecution, led by assistant director of public prosecutions Thomas Jatiko and chief state attorney Richard Birivumbuka, informed court that all evidence intended to be relied upon during the trial had already been disclosed to the defence.

The evidence reportedly includes numerous documents and about 10 hours of audio and video recordings that prosecutors say link the accused persons to the alleged treason offences.

However, defence lawyers led by former Kampala lord mayor Erias Lukwago, alongside Frederick Mpanga, Ernest Kalibala and Bayern Turinawe, argued that the time allocated was insufficient.

The defence requested at least one month to review the evidence and adequately prepare for trial. Lawyers further submitted that preparations were being hampered by their clients’ detention at Luzira prison, where access to equipment such as laptops and devices capable of playing audio and video recordings is restricted.

They also told court that meetings with their clients are limited, particularly during weekends and public holidays. A prison officer, ASP Timothy Wasike, testified that lawyer access is ordinarily not permitted on weekends, although special arrangements can be made upon a court order.

In response, Justice Baguma directed the deputy registrar to write to prison authorities to facilitate meetings between the accused persons and their lawyers during weekends and public holidays.

He also ordered that appropriate facilities be provided to enable the defence team to review the disclosed evidence. The defence, however, remained dissatisfied, arguing that even with enhanced access to their clients, the time available remained inadequate for meaningful preparation.

Lawyers further contended that some prosecution material had not yet been disclosed, including statements from at least five witnesses. The defence also asked court to suspend the proceedings and refer several constitutional questions to the Constitutional court.

They want the Constitutional court to interpret the meaning of “adequate time and facilities” under Article 28(c) of the Constitution and determine whether commencing trial before resolving preliminary issues is constitutional.

The defence further sought guidance on whether seven days is sufficient time for trial preparation following disclosure of evidence and whether the restrictions on lawyer-client access meet constitutional standards.

Justice Baguma said he would deliver a ruling at 5 pm on whether the constitutional questions merit referral to the Constitutional court. According to the prosecution, the accused held meetings in Geneva, Athens, Nairobi and Kampala aimed at soliciting funds, acquiring weapons and organising paramilitary activities.

The state alleges that Besigye met a Kurdish intelligence operative identified as Andrew Wilson and received $5,000 to facilitate the transportation of 36 Ugandan recruits to Kisumu, Kenya, for military training.

The recruits were reportedly intercepted and deported before the training could commence. Prosecutors further allege that Besigye sought to acquire surface-to-air missiles, ricin poison and counterfeit currency, and intended to use drone technology in a plot to assassinate President Yoweri Museveni.

The state says it possesses audio and video recordings, social media communications, immigration records and telephone logs linking the accused persons to the alleged conspiracy. The trio was remanded back to Luzira prison as they await the next stage of the proceedings.

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المصدر: The Observer (Uganda)