The Office of the Directorate of Public Prosecutions has asked the High Court of Uganda to conceal the identities of six key witnesses expected to testify in the ongoing treason trial involving opposition figure Kizza Besigye.
In a Notice of Motion filed before the Criminal Division of the High Court in Kampala, prosecutors requested permission to protect the witnesses by allowing them to testify under pseudonyms and delaying the disclosure of their identities until shortly before they take the stand.
According to the application, the prosecution wants the six witnesses to appear in court using the pseudonyms “Witness A, B, C, D, E and F,” with their real identities concealed from the public record in all proceedings related to the case.
“The concealment of the identities and non-disclosure of any material that is likely to reveal the identities of six prosecution witnesses prior to their testimonies in court is necessary,” the application reads in part.
Prosecutors further asked the court to allow disclosure of the witnesses’ evidence to the defence within seven days before each of them testifies.
The application is supported by an affidavit sworn by Joseph Kyomuhendo, a Chief State Attorney in the DPP’s office and a member of the prosecution team handling the case. In the affidavit, Kyomuhendo told the court that the witnesses are central to the prosecution’s case and their safety could be compromised if their identities are revealed prematurely.
“All the witnesses subject to this application are factual witnesses whose evidence is crucial and directly implicates the accused persons,” Kyomuhendo stated.
He added that investigations had already uncovered threats directed at some of the witnesses, including one incident where an alleged accomplice to the accused reportedly threatened to harm one of them.
“There is a security threat against the six witnesses and if their identities are disclosed at this stage, their lives and that of their loved ones would be in danger,” Kyomuhendo said.
The state argues that early disclosure could expose the witnesses to intimidation, interference or harm, potentially undermining the integrity of the trial.
“If the identities of these witnesses are disclosed now, there is a high likelihood of interference, intimidation and harm towards them or their loved ones,” the affidavit further notes.
However, the prosecution maintains that granting the orders would not prejudice the defence because the accused persons will still receive the relevant evidence before the witnesses testify.
“The orders sought if granted will not cause any injustice to the accused persons since redacted disclosures will be made,” Kyomuhuhendo added.
Dr Besigye and two other accused persons are jointly indicted on charges of treason and misprision of treason under the Penal Code Act and are currently being held on remand at Luzira Prison as the trial continues.
Besigye was arrested in November 2024 in Nairobi and later transferred to Uganda where he was charged in court.
The High Court is expected to consider the prosecution’s application as the hearing of the case progresses.
