Lawyers protest partial disclosure in Besigye treason case

The High Court in Kampala has adjourned further proceedings in the treason trial of veteran opposition figure Kizza Besigye, his aide Hajj Obeid Lutale, and Capt Denis Oola after the defence raised serious concerns over the prosecution’s failure to provide full evidence ahead of trial.

During a court session on February 24, 2026, defence lawyers led by senior counsel Martha Karua and Erias Lukwago protested that the prosecution had only supplied partial disclosure of evidence, in violation of a court order requiring full disclosure by January 21, 2026.

“The order was explicit. Full disclosure ought to have been made,” Mr. Lukwago told the court, saying the limited materials provided — including witness statements and untranscribed audio and video recordings — were inadequate for preparing a defence.

Prosecution representatives acknowledged that only partial disclosure had been completed and asked the court for more time to organise and transfer the remaining evidence into usable formats such as flash drives. Justice Emmanuel Baguma directed that the defence be given all material by March 3, 2026, and set March 12, 2026, for the resumption of the scheduling conference.

The scheduling conference stage is meant to clarify the issues and timelines ahead of trial, but the judge agreed with the defence that meaningful progress cannot be made without full disclosure of all evidence the state intends to rely on.

Concerns Over Health and Fair Trial Claims

The defence also raised concerns about Besigye’s health, saying his condition in custody remained worrying and that incomplete information on his ability to participate in proceedings was hampering preparations. Reports indicate that the defence has been pushing for clarity on his capacity to see, hear, and contribute to his defence files.

In a separate commentary shared on social media, Besigye’s wife, Winnie Byanyima, described the ongoing process as “persecution” rather than prosecution, alleging that the trial has been unfair and that the court has failed to uphold justice standards. She also expressed confidence in the defence team’s efforts to hold the judge accountable for proper procedures.

Background to the Case

Besigye and his co-accused are charged with treason, an offence that carries severe penalties. The case has drawn sustained public attention due in part to Besigye’s prolonged detention and conflicting reports about his health, and court appearances have occasionally stalled amid disputes over whether he should be produced physically or via virtual means.

The accused all plead not guilty, and with the court directing full evidence disclosure before March 3, the outcome of the next hearing on March 12 will be closely watched by legal observers and supporters.

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