Court Seeks Medical Assessment Before Resuming Besigye Trial
The High Court has directed the Commissioner General of Uganda Prisons Services, Dr. Johnson Byabashaija, to obtain a comprehensive medical report from Mulago National Referral Hospital on the health status of jailed opposition politician Dr. Kizza Besigye before his treason trial can resume.
Criminal Division Judge Emmanuel Baguma issued the directive on Tuesday after learning that Besigye, the first accused in the treason case, remains admitted to Mulago Hospital and was therefore unable to attend court. Justice Baguma said the medical report should indicate whether Besigye is medically fit to stand trial and participate in the proceedings. The report will guide the court on the next course of action when the case returns on August 18, 2026.
The proceedings began with Assistant Director of Public Prosecutions Thomas Jatiko and Chief State Attorney Richard Birivumbuka appearing for the prosecution, while the defence was represented by state-appointed lawyers Sarah Awello, Sylvia Namawejje Ebitu and Julius Sserwambala. The prosecution’s witness, American national Andrew Wilson, was also present in court and ready to continue his testimony.
However, Jatiko informed the court that Besigye was absent because he remained hospitalized. Responding to the court’s inquiry, ASP Trevor Alenyo of Luzira Upper Prison said Besigye was admitted at Mulago National Referral Hospital and that prison authorities had submitted a letter confirming his admission. Justice Baguma observed that although the letter was on the court record, copies had not yet been supplied to all parties.
Defence lawyer Sylvia Namawejje Ebitu opposed any attempt to proceed before Besigye’s medical condition was formally established. She argued that an accused person’s right to be present during trial is protected by the Constitution and forms part of the right to a fair hearing. Namawejje asked the court to direct medical personnel to formally state whether Besigye was fit to participate in the proceedings.
“The attendance of the accused in court is his constitutional right that cannot be taken away,” she submitted. The prosecution agreed that the accused’s presence was important, although Jatiko argued that the right was not absolute. He also informed the court that the State intended to make an application but maintained that Besigye’s attendance remained significant.
During the proceedings, second accused Hajj Obeid Lutale was allowed to address the court after initially being stopped by the judge. Lutale complained that he had effectively been left without legal representation, arguing that the defence team previously chosen by the accused had been disrupted.
Criminal Division Judge Emmanuel Baguma issued the directive on Tuesday after learning that Besigye, the first accused in the treason case, remains admitted to Mulago Hospital and was therefore unable to attend court. Justice Baguma said the medical report should indicate whether Besigye is medically fit to stand trial and participate in the proceedings. The report will guide the court on the next course of action when the case returns on August 18, 2026.
The proceedings began with Assistant Director of Public Prosecutions Thomas Jatiko and Chief State Attorney Richard Birivumbuka appearing for the prosecution, while the defence was represented by state-appointed lawyers Sarah Awello, Sylvia Namawejje Ebitu and Julius Sserwambala. The prosecution’s witness, American national Andrew Wilson, was also present in court and ready to continue his testimony.
However, Jatiko informed the court that Besigye was absent because he remained hospitalized. Responding to the court’s inquiry, ASP Trevor Alenyo of Luzira Upper Prison said Besigye was admitted at Mulago National Referral Hospital and that prison authorities had submitted a letter confirming his admission. Justice Baguma observed that although the letter was on the court record, copies had not yet been supplied to all parties.
Defence lawyer Sylvia Namawejje Ebitu opposed any attempt to proceed before Besigye’s medical condition was formally established. She argued that an accused person’s right to be present during trial is protected by the Constitution and forms part of the right to a fair hearing. Namawejje asked the court to direct medical personnel to formally state whether Besigye was fit to participate in the proceedings.
“The attendance of the accused in court is his constitutional right that cannot be taken away,” she submitted. The prosecution agreed that the accused’s presence was important, although Jatiko argued that the right was not absolute. He also informed the court that the State intended to make an application but maintained that Besigye’s attendance remained significant.
During the proceedings, second accused Hajj Obeid Lutale was allowed to address the court after initially being stopped by the judge. Lutale complained that he had effectively been left without legal representation, arguing that the defence team previously chosen by the accused had been disrupted.
Lutale further reminded the court that an earlier application concerning legal representation had not yet been concluded and insisted that he required counsel of his choice to guarantee a fair trial. He also questioned the prosecution’s insistence on proceeding with the hearing despite reports that Besigye remained in the Intensive Care Unit as recently as Monday.
Third accused Captain Denis Oola informed the court that he had met his lawyer, Major Simon Busagwa Nsubuga, before the hearing. Oola said he had instructed Nsubuga and another lawyer, Namakula, to work alongside the state-appointed defence counsel and asked that his position be reflected on the court record.
In his ruling, Justice Baguma noted that all parties agreed on the importance of Besigye’s presence during trial. He further observed that the prison letter dated August 3 confirmed that Besigye remained admitted at Mulago Hospital.
The judge consequently directed the Commissioner General of Prisons to liaise with Mulago National Referral Hospital and obtain a comprehensive medical report indicating whether Besigye is fit to stand trial before proceedings resume.
The judge consequently directed the Commissioner General of Prisons to liaise with Mulago National Referral Hospital and obtain a comprehensive medical report indicating whether Besigye is fit to stand trial before proceedings resume.
The case was adjourned to August 18, 2026, when the court expects to receive the medical assessment before determining how the trial will proceed. Besigye, Lutale and Captain Denis Oola are jointly charged with treason over allegations that they plotted to overthrow the government.
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