KAMPALA, Uganda — High Court Judge Emmanuel Baguma has refused a bid by defence lawyers to have opposition figure Dr Kizza Besigye transferred from Luzira Prison to a medical facility of his choice, instead granting a longer adjournment to enable his physical appearance in court.
The decision, handed down on January 21, 2026, came amid contentious arguments over whether court proceedings should be conducted via video link due to Besigye’s reported ill health. The ruling is part of the ongoing treason case against Besigye and his co‑accused.
Justice Baguma said he had received a communication from the Deputy Registrar of the Criminal Division that Luzira prison authorities were unable to produce the accused physically in court due to health concerns.
“I have received communication from Luzira Upper Prison requesting that the matter be heard on Zoom because they have been unable to produce the accused physically in court due to health concerns of one of the accused,” the judge said.
Defence challenges court’s position
Defence lawyers strongly opposed the proposal for a virtual hearing, arguing that the registrar’s letter was insufficient and procedurally flawed.
Senior counsel Erias Lukwago told the court that the explanation did not justify a Zoom hearing and emphasised that producing prisoners physically is not the registrar’s responsibility.
“With due respect, it’s not sufficient to explain the circumstances warranting a Zoom hearing. It is not the duty of the Registrar to produce prisoners in court,” he said.
Lukwago further argued that because not all the accused were ill, the trial should proceed with the others present.
“We cannot proceed on Zoom because not all the three accused are sick. The other two should have been produced in court,” he added.
The defence also requested that Besigye be transferred to a health facility of his choice to receive appropriate care.
“Instead of proceeding on Zoom, we pray that Dr Besigye be transferred to a health facility of his choice to get the treatment he deserves. The State would also want to prosecute a person in good health,” Lukwago said.
Another defence lawyer, Fredrick Mpanga, criticised the registrar’s letter for failing to specify the nature of Besigye’s illness.
“We do not know whether he can see, hear, or is of sound mental faculty for his lawyers to assess whether he can stand trial,” he argued.
Prosecution’s position and court ruling
Chief State Attorney Richard Birivumbuka acknowledged the prosecution’s sympathy for Besigye’s condition but maintained that the request for a Zoom appearance was lawful to enable the court to assess his health.
“It is not our wish to try a sick person. However, the letter from the Deputy Registrar was for him to appear on Zoom so that we can confirm and appreciate his health condition,” he said.
Justice Baguma noted that both parties agreed that trial could not proceed in the absence of the accused, but he said he had not been shown evidence that Besigye’s health issues could not be managed at Luzira Prison.
“I will give a longer adjournment for the accused to appear physically in court. At this stage, I have not seen a suggestion that his health concerns cannot be handled in Luzira,” he ruled.
The court adjourned the case to February 24, 2026, at 11:00 am. Dr Besigye, his aide Hajji Obeid Lutale, and co‑accused Capt Denis Oola Denish Oyaa are facing treason charges at the High Court.
Health concerns and political implications
Dr Kizza Besigye, a veteran opposition leader and former presidential candidate, has been detained since November 2024 after being forcibly returned to Uganda from Nairobi, where he had been attending events.
His prolonged detention and the treason charges have drawn wide concern from supporters, human rights organisations, and fellow opposition figures.
Recent statements from the People’s Front for Freedom (PFF), Besigye’s political party, allege that his health has critically deteriorated and that prison authorities have denied him adequate medical care, leading to a late‑night transfer to a private clinic at his spouse’s insistence.
The party claims authorities have failed to inform his family of his deteriorating condition.
Also Read: The betrayal of a comrade: Why Museveni must end the ‘endless injustice’ against Besigye
Ugandan opposition leader Robert Kyagulanyi Ssentamu (Bobi Wine) has also publicly expressed concern over Besigye’s health, warning that it continues to worsen and calling for immediate intervention.
“It is very sad to hear that Kizza Besigye’s health has continued to deteriorate while in detention, having been denied access to proper medical care,” Bobi Wine wrote on social media.
Human rights groups have repeatedly criticised the handling of Besigye’s detention and legal process, arguing that prolonged confinement without trial and restrictions on access to family or appropriate medical treatment may violate basic rights.
The outcome of the next hearing is expected to influence both the legal process and wider political discourse in Uganda, particularly as the country prepares for the 2026 general elections, amid ongoing debates over judicial independence, opposition space, and human rights protections.
