High Court Directs Commencement of Besigye Treason Trial Within a Week

Updated by Faith Barbara N Ruhinda at 1150 EAT on Tuesday 2 June 2026

The High Court in Kampala has directed that the treason trial of veteran opposition politician Rt. Col. Dr. Kizza Besigye commence within a week, despite objections from the defence that it had not been afforded sufficient time to prepare its case.


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


In a ruling delivered on Monday, Justice Emmanuel Baguma of the High Court’s Criminal Division ordered that all pre-trial processes, including the selection and swearing-in of three assessors, be concluded by June 8, 2026.


The judge further directed that the prosecution begin presenting its witnesses on June 11, 2026, effectively setting the stage for the substantive hearing of the high-profile case.


State prosecutors, led by Assistant Director of Public Prosecutions Thomas Jatiko and Chief State Attorney Richard Birivumbuka, informed the court that all evidence the prosecution intends to rely upon during the trial had already been disclosed to the defence in accordance with legal requirements.

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The prosecution’s evidence is said to comprise numerous documentary exhibits, as well as approximately 10 hours of audio and video recordings, which prosecutors contend link the accused persons to the alleged treason offences.


However, the defence team, led by former Kampala Lord Mayor Erias Lukwago and comprising lawyers Frederick Mpanga, Ernest Kalibala and Bayern Turinawe, argued that the timeframe provided by the court was inadequate for meaningful preparation.


The lawyers requested at least one month to review the voluminous evidence and effectively prepare their clients’ defence. They further submitted that their efforts were being hindered by the continued detention of the accused at Luzira Prison, where access to laptops and other devices capable of playing audio and video recordings is restricted.


The defence also told the court that consultations with their clients are limited, particularly during weekends and public holidays. Testifying before the court, Assistant Superintendent of Prisons (ASP) Timothy Wasike stated that lawyer-client meetings are ordinarily not permitted on weekends, although special arrangements may be made upon issuance of a court order.

In response, Justice Baguma directed the Deputy Registrar to formally write to prison authorities to facilitate meetings between the accused persons and their legal team during weekends and public holidays.
The judge also ordered that appropriate facilities be made available to enable the defence to effectively review the prosecution’s disclosed evidence. Despite these directives, the defence maintained that the time allocated remained insufficient for adequate trial preparation.


Defence lawyers further argued that the prosecution had yet to disclose all the material it intends to rely on, including statements from at least five witnesses. They consequently asked the court to stay the proceedings and refer several constitutional questions to the Constitutional Court for interpretation.

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Among the issues raised is the meaning and scope of the right to “adequate time and facilities” for the preparation of a defence as guaranteed under Article 28(c) of the Constitution. The defence also seeks a determination on whether it is constitutional for the trial to proceed before outstanding preliminary and constitutional issues are resolved.

The defence also sought the court’s guidance on whether seven days constitutes adequate time for trial preparation following disclosure of evidence, and whether the existing restrictions on lawyer-client access comply with constitutional guarantees of a fair hearing.


Justice Baguma said he would deliver a ruling at 5:00 p.m. on whether the constitutional questions raised by the defence warrant referral to the Constitutional Court for interpretation.


According to the prosecution, the accused persons allegedly held a series of meetings in Geneva, Athens, Nairobi and Kampala aimed at soliciting financial support, acquiring weapons and coordinating paramilitary activities.


The state further alleges that Besigye met a Kurdish intelligence operative identified as Andrew Wilson and received US$5,000 to facilitate the transportation of 36 Ugandan recruits to Kisumu, Kenya, for military training. Prosecutors claim the recruits were intercepted and deported before the training programme could commence.


The prosecution also alleges that Besigye sought to procure surface-to-air missiles, ricin poison and counterfeit currency, and intended to deploy drone technology as part of an alleged plot to assassinate President Yoweri Museveni.


The accused have denied the charges, and the allegations remain subject to determination by the court.

The state says it is in possession of audio and video recordings, social media communications, immigration records and telephone logs which it contends link the accused persons to the alleged conspiracy.
The trio was subsequently remanded to Luzira Prison as they await the next stage of the proceedings.

-Observer

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