Court Directs State Lawyers to Represent Besigye as Prosecution Begins Evidence Disclosure

Updated by Faith Barbara N Ruhinda at 1145 EAT on Thursday 16 July 2026

The High Court has adjourned the treason trial of opposition politician Dr Kizza Besigye and his co-accused, Hajj Obeid Lutale Kamulegeya, to July 29 after one of the state-funded lawyers proposed to represent them requested additional time to submit his curriculum vitae (CV) for review.


The lawyer said the documents would allow the accused to assess his suitability and experience before deciding whether to accept the proposed representation.


The three advocates proposed under the state brief scheme are Sarah Awero, Julius Sserwambala and Sylvia Namawejje.


Awero previously represented convicted murderer Okello Onyum, who was sentenced to death, while Sserwambala represented Johnson Lubega and Nassif Kalyango in the murder trial of Maria Nagirinya. Lubega and Kalyango were later sentenced to life imprisonment.


Criminal Division Judge Emmanuel Baguma directed Besigye and Lutale to choose their legal representatives from a list of 786 advocates accredited to provide legal aid under the state brief scheme.


During the proceedings, Sserwambala requested a two-week adjournment to enable him to submit his CV and details of his criminal law experience, which he said would help the accused evaluate his professional background.

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The court granted the request and scheduled the next hearing for July 29.

Dr Kizza Besigye supported the request for more time, telling the court that his detention at Luzira Prison had limited his ability to consult potential lawyers due to restrictions on communication and movement.


The development came after the prosecution, led by Assistant Director of Public Prosecutions (DPP) Thomas Jatiko and Chief State Attorney Richard Birivumbuka, confirmed that it had complied with an earlier court order requiring disclosure of all evidence it intends to rely on during the trial.


The disclosed material includes witness statements from investigating officers, documentary exhibits and electronic evidence. Besigye and his co-accused, Hajj Obeid Lutale Kamulegeya, confirmed receipt of the documents and signed the disclosure forms in court.


Completion of the disclosure process marked a significant procedural step in the criminal proceedings, allowing the defence to review the prosecution’s evidence before witnesses begin testifying. With that stage concluded, the focus shifted to the unresolved issue of legal representation.


At the previous hearing, Justice Emmanuel Baguma directed the High Court registrar to provide Besigye and Lutale with a list of advocates accredited under the state brief scheme after the two declined to proceed without their preferred lawyers.


The accused had argued that members of their private legal team had faced security threats, affecting their ability to represent them effectively.


However, Besigye told the court that the list containing 786 accredited advocates was only delivered to him on Tuesday evening, leaving him with limited time to make an informed decision.


He argued that the list provided only basic details, including the lawyers’ names, year of enrolment, areas of practice and telephone contacts, but did not contain information about their experience handling complex criminal matters.


Besigye said the charges before court involve allegations spanning four countries and are expected to involve technical electronic evidence, making it necessary for the defence to carefully assess the competence and experience of any lawyer before accepting representation.


He reiterated that he and Lutale preferred to continue with their original legal team, led by Kenyan lawyer Martha Karua and Kampala Lord Mayor Erias Lukwago, once concerns regarding the safety of their lawyers are resolved.


Besigye also asked the court for an update on a pending application concerning those security concerns.

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He further questioned the need for state-funded legal representation, arguing that he and Lutale were capable of hiring lawyers of their choice and that the cost of their defence should not be transferred to taxpayers.

Although the prosecution opposed the two-week adjournment request, Justice Emmanuel Baguma found it reasonable, particularly after the state had completed disclosure of the evidence it intends to rely on during the trial.


The judge directed Dr Kizza Besigye and his co-accused, Hajj Obeid Lutale Kamulegeya, to use the period to consider advocates available under the State Brief Scheme.


Justice Baguma also ordered Luzira Prison authorities to facilitate meetings between the accused persons and the prospective lawyers. The three advocates proposed by the court registrar were directed to submit their curriculum vitae for consideration by Besigye and Lutale.


On the pending application concerning alleged security threats against the defence team, the judge clarified that the matter was not before him but directed the court registrar to provide the accused with an update on its status.


The judge further ordered prison authorities not to interfere with the disclosure materials provided to the accused after Besigye raised concerns that the documents could be confiscated while he remained in custody.


Besigye also raised concerns over public statements allegedly made by President Yoweri Museveni regarding the case. Justice Baguma advised him to raise the matter through a formal application if he wanted the court to examine the issue.


Under Uganda’s State Brief Scheme, courts can assign lawyers at government expense to accused persons facing serious criminal charges who are unable to secure legal representation.


However, the Constitution guarantees every accused person the right to legal representation of their choice, a matter that has become central to the proceedings following the disruption of Besigye’s original legal team.


Besigye, Lutale and Capt Denis Oola are facing treason charges over allegations that they plotted to overthrow the government. Prosecutors allege that the three held meetings in Kampala, Nairobi, Geneva and Athens to seek funding, acquire weapons and organise paramilitary activities.


The prosecution further alleges that Besigye met a Kurdish intelligence operative identified as Andrew Wilson and received $5,000 to facilitate the movement of 36 Ugandans to Kisumu, Kenya, for military training. The recruits were allegedly intercepted and deported before the training took place.


Prosecutors also accuse Besigye of seeking to acquire surface-to-air missiles, ricin poison and counterfeit currency, as well as allegedly planning to use drone technology in an assassination plot against President Museveni.


The state says it will rely on witness testimony, audio and video recordings, social media communications, immigration records and telephone data as part of its evidence.


The case was adjourned to July 29, 2026, when Besigye and Lutale are expected to inform the court whether they have selected legal representation under the State Brief Scheme.

-Observer

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