Detained opposition politician Col. (Rtd) Dr. Kizza Besigye has protested to the High Court Judge Emmanuel Baguma over violations of his constitutional right to a fair trial and insisting that deported Kenyan Senior Counsel Martha Karua and jailed lawyer Erias Lukwago remain his lawyers of choice.
In the letter dated July 1, 2026 from Luzira Government Prison, co-signed by his co-accused Hajj Obeid Lutale, Besigye challenges several directives issued by the court in relation to their bail application and human rights enforcement case, arguing that the decisions ignore the practical and constitutional realities surrounding their legal representation.
The two are accused persons in Criminal Session Case No. 335 of 2025 and are also applicants in a pending bail application and a human rights enforcement application before the High Court Criminal Division.
Besigye says the court has continued to overlook concerns that he and Lutale have repeatedly raised regarding their inability to be represented by advocates of their own choosing following the deportation of Martha Karua and the incarceration of Erias Lukwago.
“Our concerns about the fair trial rights we are guaranteed under the Constitution remain valid. Your directions simply ignored the concerns as if they had not been raised, or as if they had no significance to our rights,” Besigye wrote.
The opposition leader reminded the judge that constitutional rights are inherent and are not granted by the State, arguing that all arms of government, including the judiciary, have a duty to respect, uphold and protect those rights.
“Our human rights are inherent and are not granted by the State. Our rights and freedoms must be respected, upheld and promoted by all organs and agencies of Government and by all persons, including the Court which you preside over,” he stated.
Besigye further argued that because he and Lutale are facing charges that could attract the death penalty, every aspect of their constitutional protections should be treated with utmost seriousness.
“As the accused persons facing a possible death sentence in your Court, it is our lives that are at stake. We therefore do not take matters of any of our rights and freedoms casually,” he wrote.
A major concern raised in the letter relates to the handling of their latest bail application.
Besigye questioned the court’s decision to schedule the application for hearing within only three days after directing the State to file its response, arguing that such timelines are impossible for prisoners with limited communication and no legal representation to meet.
He accused the court of rushing the matter without giving them adequate time to receive, study and respond to affidavits, suggesting that the expedited schedule raises questions about the court’s impartiality.
“Do you actually believe that the various actions you have set in motion can fairly be concluded in three days while we are in prison? The speed with which you wish to hear this application suggests that there is another motivation other than judiciously considering the same,” Besigye wrote.
The former presidential candidate also questioned why the court had taken more than a month to schedule the bail application despite constitutional guidelines requiring timely disposal, only to later fix it for what he described as a “supersonic hearing.”
“What is the motive? Why is it suddenly so urgent? Is there a ruling ready for delivery already?” he asked.
Besigye requested Judge Baguma to postpone the hearing for at least three weeks to allow the applicants sufficient time to prepare and secure meaningful legal representation.
The letter also revisits the circumstances surrounding the legal team that had been assembled to defend Besigye and Lutale.
According to Besigye, former Kampala Lord Mayor Erias Lukwago whom he describes as a key member of the defence team was arrested shortly after the court directed service of the human rights application on the respondents.
He says Lukwago remains on remand after his bail application was rejected, leaving the defence team significantly weakened.
Besigye further argues that Martha Karua, whom he says was appointed to lead the legal team, was prevented from carrying out her responsibilities after she was denied entry into Uganda and returned to Kenya from Entebbe International Airport.
“Martha Karua SC from Kenya, a seasoned advocate, stateswoman and champion of human rights globally, was detained at Entebbe International Airport… After a few hours, she was forcefully sent back to Kenya and declared persona non grata,” the letter states.
Besigye insists that these developments demonstrate a deliberate effort to deprive him and Lutale of legal representation of their own choosing.
“The State intends to ensure that we have no legal representation of our choice or that we are forced to take on representation by an advocate appointed by the State. We assert that we are not giving up our right to select our own advocates,” he wrote.
The opposition leader also objected to the court’s suggestion that they simply appoint alternative lawyers, arguing that such an expectation is unrealistic for prisoners held in custody without access to the outside world.
“Your order for us to find or instruct other lawyers is practically impossible to effect. Will we be escorted into the city to visit the offices of various lawyers?” he asked.
Besigye further raised concerns about the handling of the human rights enforcement application, questioning whether the principal respondents including Chief of Defence Forces Gen. Muhoozi Kainerugaba, were properly served after Lukwago’s arrest allegedly disrupted the service process.
He also complained that affidavits filed by individuals who are not respondents should not replace responses from the named parties, arguing that the court’s current approach limits their ability to cross-examine witnesses and fully present their case.
The letter concludes with an appeal for the court to suspend proceedings until their constitutional right to representation by lawyers of their own choosing is fully restored, maintaining that Martha Karua and Erias Lukwago remain their preferred legal counsel despite Karua’s deportation and Lukwago’s continued detention.
