Court to rule on Besigye application today

KAMPALA - High Court judge Emmanuel Baguma is today, December 22, 2025, expected to rule on whether to temporarily halt the trial of four-time presidential candidate Dr Kizza Besigye, pending the Constitutional Court’s determination of his petition.

Besigye and his aide, Hajji Obeid Lutale, petitioned the Constitutional Court seeking a declaration that a judicial officer’s refusal to recuse himself from their treason case after a complaint against him was filed with the Judicial Service Commission, contravenes the law.

The duo is jointly charged with treason and misprision of treason alongside a Uganda People’s Defence Forces (UPDF) officer, Captain Denis Oola, attached to the armoured brigade. The offences attract a maximum sentence of death on conviction.

The accused are represented by lawyers Martha Karua (Kenyan), Earnest Kalibbala, Erias Lukwago, and Fred Mpanga, Bayern Turinawe, Farouk Kamulegeya, Abubakkar Ssekanjako, Kato Tumusiime and Simon Nsubuga.

Assistant Director of Public Prosecutions Thomas Jatiko and Chief State Attorney Richard Birivumbuka are prosecuting the case.

“I have filed a petition at the Constitutional Court seeking interpretation on questions of recusal and continuation of the criminal trial before this court. So, it is imperative that the matter first be disposed of before this case is heard,” Kalibbala earlier stated.

In a petition filed at the Constitutional Court on December 3, 2025, the duo contends that the act of continuing to hear their criminal trial by a judicial officer [Baguma] against whom they have complained to the Judicial Service Commission, seeking his removal from office, is inconsistent with articles 28 and 44 of the Constitution.

The articles talk about the right to a fair, speedy and public hearing before an independent and impartial court.

They also contend that act of a judicial officer in dismissing their mandatory bail application in the treason case contravenes Article 23 (6) of the Constitution.

They also want the court to declare that the act of a Judicial Officer in refusing to refer specific questions raised by the accused in the treason case to the Constitutional Court contravenes specific articles in the Constitution.

Following the development, Kalibbala asked the court to stay the treason case proceedings, pending resolution of the constitutional petition.

Kalibbala said that the court had endorsed the application, but they had not served it to the prosecution team.

Assistant Director of Public Prosecutions Thomas Jatiko informed the court that he is not aware of the application filed in the court to stay the proceedings. He is being assisted by chief state attorneys Richard Birivumbuka and Joseph Kyomuhendo.

“We came prepared for plea-taking and scheduling of the case. Let the accused take plea because proceedings can be stayed at any stage of the trial,” he said.

In rejoinder, Kalibbala stated that plea taking is part of the trial, which is why the proceedings cannot take off before the constitutional petition is heard and determined. 

Karua said they are seeking the stay of proceedings, pending the determination of the petition, because the accused feel that they are not before an independent and impartial court.

She added that it is within the powers of the court to release on bail an accused person who has spent over a year on remand when they have substantial sureties.

Lukwago stated that should the treason case proceedings continue, it would violate Article 44 of the Constitution, which speaks of non-derogable rights.

Subsequently, the judge directed the prosecution to file a response to the application seeking to stay the proceedings by December 11, 2025 and a rejoinder from the defence team, if any, by December 18, 2025. The court will resume on December 22, 2025.

Allegations 

Prosecution alleges that Besigye, Lutale, Oola and others, still at large, between 2023 and 2024 in various countries, including Switzerland, Greece, Kenya and in Kampala, Uganda, contrived to overturn the Government of Uganda by force of arms.

According to the charge sheet, Besigye, Lutale, Oola and others still at large, between 2023 and 2024, knowing that another person intended to commit treason, did not give information to Ugandan authorities to prevent the commission of treason, which tantamounts to misprision of treason.