The Acting Principal Judge, Justice Jane Okuo Kajuga, has maintained that Dr. Kizza Besigye and Hajji Obeid Lutale will be tried before Justice Emmanuel Baguma in the Criminal Division of the High Court, rather than the International Crimes Division (ICD), where they were initially indicted.
In a letter dated October 17, 2025, addressed to Lukwago and Company Advocates, Justice Okuo explained that the allocation of the case to Justice Baguma followed the ordinary course of business by the Registrar of the Criminal Division.
“As per the established procedure of the High Court, both cases referred to hereabove were allocated to the Hon. Justice Emmanuel Baguma in the ordinary course of business,” she stated.
She added that it is on that basis that the trial judge is seized of these matters.
The Acting Principal Judge dismissed the defense’s contest over jurisdiction and emphasized that the Criminal Division has the legal mandate to proceed with the trial.
“The jurisdiction of the International Crimes Division, to which you request the case be administratively moved, is clearly set out under the High Court (International Crimes Division) Practice Direction, 2011,” she wrote.
She added that the offenses of treason and misprision of treason are not included.
Justice Okuo further noted that jurisdiction is not conferred by a prosecuting authority during committal and clarified the procedure regarding judicial recusals, saying, “Where a judicial officer declines to recuse himself or herself, the matter shall proceed for hearing. A party dissatisfied with the decision has the option to record reasons for that dissatisfaction.”
She remarked,“We shall abide by the law, and advise that you do so.”
The People’s Front for Freedom (PFF) has criticized the Principal Judge’s order and called it a dangerous precedent that undermines judicial independence.
The group added that this is the greatest form of injustice is pretended justice.
They accused Justice Okuo of enabling forum shopping for the state and questioned her impartiality in handling politically sensitive cases.
The statement read, “Ag. Principal Judge Justice Jane Okuo maintains that our leaders Dr. Kizza Besigye and Hajji Obeid Lutale should be tried by Justice Baguma Emmanuel and in the Criminal Division of the High Court, not the International Criminal Division where they were indicted. This immediately casts a shadow over the functional independence of the judiciary.”
The statement further claimed that the decision raises fundamental questions about the separation of powers and the integrity of judicial decision-making.
According to the PFF,“Once the judiciary is used as a shield for political persecution, it loses its ultimate goal of offering ‘Justice for all.’ By authoritatively stating that ‘We shall abide by the law, and advise that you do so,’ she simply sanitizes every illegal procedure that has been put on our leaders.”
The group vowed to challenge what it called pretended justice, declaring, “She demonstrates her unjust judicial autonomy and ability to insulate judicial injustice. This, too, shall be challenged until this pretended justice is quashed.”
