The High Court in Kampala has cleared the way for the treason trial of veteran opposition politician Rt. Col. Dr. Kizza Besigye to commence this month, rejecting pleas by the defence for additional time to prepare and directing that the case proceed on an expedited schedule.
Presiding over the matter on Monday, Justice Emmanuel Baguma of the Criminal Division ordered that all pre-trial processes be concluded by June 8, 2026, paving the way for the prosecution to begin presenting its witnesses on June 11.
Dr. Besigye is jointly charged with his longtime aide, Hajji Obeid Lutale Kamulegeya, and Uganda People’s Defence Forces (UPDF) Captain Denis Oola. The trio faces allegations of engaging in activities aimed at overthrowing the government.
The court’s decision came after a spirited exchange between the prosecution and defence over the readiness of the case for trial.
State prosecutors, led by Assistant Director of Public Prosecutions Thomas Jatiko and Chief State Attorney Richard Birivumbuka, informed court that all evidence intended for use during the trial had already been disclosed to the defence team.
According to the prosecution, the disclosed material consists of numerous documentary exhibits as well as approximately ten hours of audio and video recordings which investigators claim link the accused persons to the alleged treason plot.
However, the defence team, led by senior lawyer Erias Lukwago and comprising Frederick Mpanga, Ernest Kalibala and Bayern Turinawe, argued that the volume of evidence required more time to analyse and prepare an effective defence.
The lawyers requested at least one month to review the materials and adequately consult their clients before the trial could begin.
“The time provided is not sufficient for meaningful preparation,” the defence submitted, insisting that the constitutional right to a fair hearing includes adequate time and facilities to prepare a defence.
The lawyers further told court that their work had been complicated by restrictions associated with their clients’ detention at Luzira Prison. They argued that access to equipment capable of playing audio and video recordings remains limited, while opportunities to meet the accused persons are constrained, especially during weekends and public holidays.
During the proceedings, Assistant Superintendent of Prisons Timothy Wasike confirmed that lawyer-client meetings are ordinarily not permitted on weekends, although special arrangements can be made upon court orders.
In response, Justice Baguma directed the Deputy Registrar to formally communicate with prison authorities to facilitate meetings between the accused persons and their legal representatives during weekends and public holidays.
The judge also ordered that arrangements be made to enable the defence team to access and review all disclosed evidence without unnecessary hindrance.
Despite those directives, the defence maintained that the period remaining before trial was inadequate given the complexity of the allegations and the volume of material involved.
The lawyers additionally argued that some witness statements had not yet been supplied by the prosecution and asked the court to halt the proceedings pending constitutional interpretation of issues they described as fundamental to a fair trial.
Among the questions raised is the meaning of “adequate time and facilities” under Article 28 of the Constitution and whether commencing the trial before resolving the preliminary concerns would be consistent with constitutional guarantees.
The defence also sought clarification on whether seven days can reasonably be considered sufficient preparation time after disclosure of evidence and whether existing restrictions on lawyer-client access meet constitutional standards.
Justice Baguma indicated that he would issue a ruling on whether the constitutional questions should be referred to the Constitutional Court.
The case stems from allegations by the state that the accused persons participated in meetings held in Geneva, Athens, Nairobi and Kampala where plans were allegedly discussed to mobilise resources, acquire weapons and organise paramilitary activities.
Prosecutors allege that Dr. Besigye interacted with a Kurdish intelligence operative identified as Andrew Wilson and received 5,000 US dollars intended to facilitate the movement of 36 Ugandan recruits to Kisumu, Kenya, for military training.
According to the prosecution, the recruits were intercepted and deported before the training programme could take place.
The state further claims that the alleged conspiracy involved attempts to acquire surface-to-air missiles, ricin poison, counterfeit currency and drone technology purportedly intended for use in attacks targeting senior government officials, including President Yoweri Museveni.
Investigators say they intend to rely on audio and video recordings, social media communications, immigration records and telephone data to support the charges.
Following the day’s proceedings, Dr. Besigye, Kamulegeya, and Capt. Oola were remanded to Luzira Prison pending the commencement of the trial and the court’s determination of the outstanding constitutional issues.
