KAMPALA, Uganda — Uganda’s High Court has ruled that the treason trial of veteran opposition politician Dr Kizza Besigye and his two co-accused will proceed even if they decline to be represented by lawyers of their choice, directing that legal counsel be assigned under the State Brief scheme where necessary.
Justice Emmanuel Baguma delivered the ruling on Monday 13, July 2026 after Dr Besigye, appearing alongside Hajj Obeid Lutale and Capt Denis Oola, objected to the commencement of the trial in the absence of their preferred legal team.
The ruling removes another procedural hurdle in one of Uganda’s most closely watched criminal cases, following earlier decisions dismissing applications seeking to halt the proceedings on constitutional grounds.
Besigye says he was brought to court against his will
Addressing the court, Besigye said he had been transported from Luzira Prison against his wishes and had refused to participate because he had been denied access to lawyers of his own choosing.
The former presidential candidate argued that proceeding without Kampala Lord Mayor Erias Lukwago and Kenyan Senior Counsel Martha Karua would violate his constitutional right to a fair hearing.
Dr Besigye told the court that Lukwago had allegedly been tortured while Karua had been deported from Uganda, leaving the accused without their preferred legal representation.
“When Justice Baguma asked whether anyone had expressly denied them that right, Besigye responded that the matter was already before another High Court judge through a separate application,” court proceedings heard.
He further complained that prison authorities had failed to facilitate meetings allowing him and his lawyers to jointly review prosecution evidence despite previous court orders.
Dr Besigye also said certified copies of proceedings in both the criminal case and a related application had not been supplied despite repeated requests.
Court declines to consider Museveni remarks
During the hearing, Dr Besigye attempted to raise concerns over recent public remarks by President Yoweri Museveni, whom he said had accused him of delaying justice by rejecting what the President described as “community justice” or indigenous justice mechanisms.
Justice Baguma ruled that the President’s comments were outside the scope of the proceedings before him and declined to consider them.
Dr Besigye also alleged that a letter he had written from Luzira Prison outlining his concerns had never reached the court because prison authorities withheld it.
Assistant Superintendent of Prisons Emmanuel Hiire told the court he could not confirm whether the correspondence had been cleared for delivery.
Co-accused raises disclosure concerns
Capt Denis Oola similarly opposed the commencement of the trial, saying he had only been informed on Monday morning that the case would proceed, leaving insufficient time to consult his lawyers.
He also complained that he had not received an earlier court ruling despite judicial orders directing that it be provided.
Oola further argued that prison conditions had prevented him from adequately studying the prosecution’s evidence before trial.
Prosecution seeks immediate commencement
Assistant Director of Public Prosecutions Thomas Jatiko told the court the State was ready to begin presenting evidence, noting that prosecution witnesses had already attended court.
Chief State Attorney Richard Birivumbuka argued that the accused had effectively waived their right to legal representation by withdrawing instructions from their lawyers.
He urged the court to appoint counsel under Uganda’s State Brief scheme, warning that prolonged delays risked prejudicing the prosecution if witnesses became unavailable or their recollection of events faded.
Birivumbuka further argued that the Office of the Director of Public Prosecutions was not a party to the separate application concerning legal representation and that the pending litigation should not delay the criminal trial.
Judge orders disclosure before trial proceeds
In his ruling, Justice Baguma acknowledged that Article 28 of Uganda’s Constitution guarantees every accused person the right to a fair hearing, including legal representation.
However, he held that the pending application regarding legal representation could not automatically halt proceedings because it was pending before a different court.
The judge observed that although prosecution disclosure had previously been conducted in the presence of defence lawyers, the accused themselves had not yet received copies of the material.
He directed prosecutors to immediately furnish Besigye, Lutale and Oola with all disclosure documents before they were returned to prison.
Also Read: Museveni challenges Besigye to face treason trial instead of ‘court drama’
Justice Baguma also ordered the Registrar of the Criminal Division to provide certified copies of proceedings by Tuesday, July 14, while directing prison authorities to comply with earlier court orders requiring adequate facilities for the accused to prepare their defence.
He further ordered that Capt Oola receive a copy of the earlier ruling that had not been supplied.
State Brief lawyers to be appointed if necessary
Justice Baguma directed the court registrar to provide the accused with a list of advocates available under the State Brief scheme, allowing them to select lawyers should they decline to instruct private counsel.
He ruled that if the accused refused to choose lawyers from the list, the registrar would appoint counsel on their behalf to ensure the trial proceeds without further delay.
The case was adjourned to Wednesday, July 15, 2026, at 11:00 a.m.
