KAMPALA — The High Court has ruled that Kenyan Senior Counsel Martha Karua could have participated remotely in Dr Kizza Besigye’s treason case despite being barred from entering Uganda.
Justice Simon Peter Kinobe said Uganda’s rules governing electronic filing and virtual court proceedings allow parties to seek permission to participate in hearings through video conferencing.
In his ruling on Tuesday, Justice Kinobe said Besigye’s lawyers could have applied to the trial court for directions to enable Karua to participate in the proceedings virtually.
“The court may, on its own motion, or on application by a party, allow proceedings to be conducted virtually,” the judge said.
He said the rules demonstrate that physical presence in Uganda is not always necessary for a person to participate in judicial proceedings.
The ruling follows a dispute over Besigye’s legal representation, which has contributed to delays in his treason trial.
Karua was stopped from entering Uganda at Entebbe International Airport on June 22 after travelling to Kampala to join Besigye’s defence team. The government subsequently declared her persona non grata.
Besigye later rejected lawyers appointed to represent him, insisting on lawyers of his choice, including Karua and former Kampala Lord Mayor Erias Lukwago.
The dispute escalated on July 29 when Besigye collapsed in the dock after protesting against the state-appointed lawyers. He was subsequently taken to Mulago National Referral Hospital for treatment.
Justice Kinobe said the evidence before him did not demonstrate that Karua’s absence from Uganda prevented her from assisting Besigye through lawful means.
He said she could have advised the accused, prepared pleadings, developed legal strategy and consulted with advocates on record without being physically present in Uganda.
“The evidence further does not establish that Hon. Martha Karua, SC, was thereby precluded from advising the Applicants, preparing pleadings, settling legal strategy, consulting with advocates on record or otherwise participating in the Applicants’ defence through lawful means,” Kinobe said.
The judge, however, clarified that the availability of virtual proceedings does not diminish an accused person’s constitutional right to legal representation by counsel of their choice.
Instead, he said, remote participation is one of the mechanisms available to facilitate effective legal representation.
Justice Kinobe based his ruling on Rule 32 of the Judicature (Electronic Filing, Service and Virtual Proceedings) Rules, 2025, which provides for the phased use of video conferencing and virtual court platforms.
Besigye’s trial is scheduled to resume next Tuesday before Justice Emmanuel Baguma. Prison authorities are expected to present a medical report on Besigye’s condition and whether he is fit to stand trial.
Prosecutors accuse Besigye, Hajj Obeid Lutale and Captain Denis Oola of participating in meetings in Uganda and abroad between 2023 and 2024 as part of an alleged plan to overthrow the government.
The three accused have denied the allegations.