Besigye, Opposes State Request to Conceal Witnesses

Jailed opposition politician Retired Col Dr Kizza Besigye and his co-accused Obeid Lutale have opposed an application by the State seeking to conceal the identities of prosecution witnesses and limit disclosure of evidence in an ongoing treason case. 

 

The matter is before the High Court Criminal Division in Kampala, presided over by Justice Emmanuel Baguma. 

Besigye, Lutale, and UPDF Captain Denis Oola are accused of plotting to overthrow the government through meetings allegedly held in cities including Geneva and Nairobi. 

 

The prosecution, led by Assistant Director of Public Prosecutions Thomas Jatiko and Chief State Attorney Richard Birivumbuka, recently applied to conceal the identities of six witnesses, citing security concerns.

However, in separate affidavits, Besigye and Lutale strongly oppose the request, arguing that it undermines their constitutional right to a fair hearing. 

 

“As the accused charged with a criminal offence, we enjoy the right to a fair, speedy and public hearing before an independent, competent and impartial court,” Besigye stated, adding that such rights cannot be limited even in capital cases.

He further warned that concealing witness identities would amount to “trial by ambush” and hinder their ability to effectively challenge evidence through cross-examination. 

 

Besigye also recounted his arrest, alleging that he was “unlawfully, forcefully and violently abducted” from Nairobi on November 16, 2024, where he had travelled for a book launch hosted by his lead counsel, Martha Karua. He said he was detained incommunicado at Makindye Military Barracks without access to lawyers or family.

The accused also claim the prosecution has disobeyed earlier court orders directing full disclosure of evidence, arguing that limiting access to evidence would prejudice their defence. 

 

They contend that no credible threat has been presented to justify witness protection measures. Court proceedings on Wednesday were briefly disrupted after state prosecutors failed to appear at the scheduled time, prompting defence lawyers to seek dismissal of the application.

Senior Counsel Martha Karua argued that the prosecution appeared unwilling to pursue its case, while lawyer Hanifa Namakula, representing Captain Oola, also called for dismissal for want of prosecution. Erias Lukwago told the court that the matter had been fixed by consent and described the prosecution’s absence as a lack of seriousness. Fred Mpanga added that despite delays in producing the accused, the prosecution still failed to appear on time.

Justice Baguma, however, granted the prosecution one final opportunity to proceed, warning that failure to do so would lead to dismissal of the application. When the prosecutors later arrived, Jatiko apologized for the delay, attributing it to the late filing of a defence response and the need to prepare a rejoinder. The defence rejected the explanation, with lawyer Bayan Turinawe arguing that the court had already made its position clear and should instead consider sanctions, including awarding costs.

In his ruling, Justice Baguma held that the court was not functus officio and could still proceed. While criticizing the prosecution for failing to notify the court in advance, he accepted their apology and declined to award costs, noting that the application had already delayed the main case. The judge ruled that proceedings on the application were complete and directed that hearing dates be harmonized among the parties.


The court also allowed all three accused persons to cross-examine Chief State Attorney Joseph Kyomuhendo, who swore the affidavit supporting the application to conceal witnesses. The cross-examination is scheduled for April 24, 2026, when the case will resume at 11:00 am.