Besigye, Lutale Reject Alternative Lawyers, Insist on Karua-Lukwago Defence

Opposition politician Dr Kizza Besigye and his co-accused, Hajj Obeid Lutale, have told the High Court that they will not abandon their preferred legal team led by Kenyan Senior Counsel Martha Karua and former Kampala Lord Mayor Erias Lukwago, arguing that any attempt to force them to accept alternative lawyers violates their constitutional right to a fair trial.

In a letter dated July 1, 2026, addressed to Criminal Division Judge Emmanuel Baguma from Luzira Government Prison, the two accused persons say they remain committed to being represented by Karua, Lukwago and any legal team of their choosing, despite the fact that both lawyers are currently unavailable.

Besigye and Lutale accuse the State of deliberately dismantling their legal team by arresting Lukwago and deporting Karua, leaving them unable to adequately prepare their defence. According to the letter, Lukwago was arrested after attempting to serve court documents relating to their human rights enforcement application, and was subsequently charged with misprision of treason, denied bail and remanded.

The two also cite Karua’s deportation from Entebbe International Airport and her subsequent declaration as persona non grata. They say Karua had been appointed to lead their defence and argue that her removal was intended to deny them legal representation of their choice and compel them to accept State-approved lawyers.

Their complaint follows directions issued by Justice Baguma during proceedings on June 30 concerning their latest bail application and a separate human rights enforcement case against the Chief of Defence Forces, General Muhoozi Kainerugaba, together with Col. Peter Ahimbisibwe and Lt. Col. Ephraim Byaruhanga, who were involved in their arrest in Kenya in November 2024.

Besigye and Lutale fault the judge for proceeding with both matters despite being informed that they currently have no access to their preferred legal team.

Regarding the bail application, they object to the court’s directive requiring the Attorney General to file a response by July 1, any rejoinder by July 2, and setting the hearing for July 3. They argue that the three-day schedule is unrealistic for accused persons in prison who have no legal representation. They say preparing affidavits, serving documents and consulting counsel from detention cannot reasonably be accomplished within such a short period.

The pair also questioned why the bail application, which had remained pending beyond the timelines set out in the Bail Guidelines for Courts of Judicature, was suddenly listed for hearing shortly after their legal team had been disrupted. They have asked the court to adjourn the hearing for at least three weeks to allow them sufficient time to prepare their case.

On the human rights enforcement application, Besigye and Lutale acknowledge that the court had initially acted promptly in fixing the matter for hearing. However, they argue that the arrest of Lukwago and deportation of Karua have fundamentally changed the circumstances. They also question whether the respondents, Gen. Muhoozi Kainerugaba, Col. Peter Ahimbisibwe and Lt. Col. Ephraim Byaruhanga, were ever properly served with the application.

According to the letter, although three affidavits in reply have been filed, none was sworn by the named respondents. They say they intend to seek orders requiring both the respondents and the individuals who filed the affidavits to appear in court for cross-examination before the applications are determined.

The accused further reject Justice Baguma’s suggestion that they appoint alternative lawyers, arguing that the proposal ignores the practical realities of incarceration. They also complain that despite previous court orders permitting their lawyers to consult them using electronic devices, they have been unable to properly review the prosecution’s evidence in preparation for trial.

Besigye and Lutale have now filed another application seeking resolution of issues surrounding their legal representation, which they describe as the most urgent matter before the court. They argue that until that application is determined and their preferred legal team is restored, it would be impossible to fairly proceed with the bail application, the human rights case or preparations for the main trial.

Besigye and Lutale were arrested in Nairobi in November 2024 during a book launch event organised by Martha Karua. Prosecutors, however, allege that the pair had travelled to Kenya to coordinate plans to overthrow the Ugandan government.

The prosecution further claims that several opposition politicians and activists, including Erias Lukwago, participated in meetings held outside Uganda where plans to remove the government were allegedly discussed.

Court records also indicate that some of the meetings were covertly recorded by an American national identified as Andrew Wilson, whom prosecutors describe as an informant who later worked with Ugandan security agencies.