KAMPALA. High Court Judge Emmanuel Baguma has declined a request by lawyers representing veteran politician Dr Kizza Besigye to have him transferred from Luzira Maximum Prison to a medical facility of his choice.
Instead, Justice Baguma granted a longer adjournment to allow Dr Besigye to appear physically in court.
The decision followed heated arguments over whether proceedings should be conducted via Zoom due to Dr Besigye’s reported ill health. Justice Baguma said he had received a letter from the Deputy Registrar of the Criminal Division of High Court relaying a request from Luzira Upper Prison authorities for the hearing to be conducted online.
“I have received communication from Luzira Upper Prison requesting that the matter be heard on Zoom because they have been unable to produce the accused physically in court due to health concerns of one of the accused,” the judge said.
However, defence lawyers strongly objected to the proposal. One of the defence lawyers, Erias Lukwago, told court that the explanation given was insufficient and procedurally flawed.
“With due respect, it’s not sufficient to explain the circumstances warranting a Zoom hearing. It is not the duty of the Registrar to produce prisoners in court,” Mr Lukwago argued.
He added that the request was untenable since not all the accused were sick.
“We cannot proceed on Zoom because not all the three accused are sick. The other two should have been produced in court,” he said.
Mr Lukwago told court that Dr Besigye was seriously unwell and that efforts by his family, including his spouse, to have him transferred to a better medical facility had been unsuccessful.
“Instead of proceeding on Zoom, we pray that Dr Besigye be transferred to a health facility of his choice to get the treatment he deserves. The State would also want to prosecute a person in good health,” he submitted.
The defence lawyer, Fredrick Mpanga, also questioned the sufficiency of the registrar’s letter, saying it did not disclose the nature of Besigye’s illness.
“We do not know whether he can see, hear, or is of sound mental faculty for his lawyers to assess whether he can stand trial,” Mr Mpanga said.
He argued that under the law, it is the accused person who may dispense with physical appearance in a criminal trial, not prison authorities.
“The illness of one accused should not dispense with the physical presence of the others. We request that the trial proceeds when all accused are present in court,” he added.
Another defence lawyer, Brian Turiinawe, told court that he had personally visited Luzira Prison and found Dr Besigye unable to move from his cell to the prison conference hall where virtual court sessions are usually conducted.
Chief State Attorney Richard Birivumbuka told court that the prosecution sympathised with Dr Besigye’s condition but maintained that the request for a Zoom appearance was lawful.
“It is not our wish to try a sick person. However, the letter from the Deputy Registrar was for him to appear on Zoom so that we can confirm and appreciate his health condition,” Mr Birivumbuka said.
Justice Baguma, after reviewing the submissions, said it was not disputed that one of the accused had health challenges and that trial could not proceed in the absence of the accused.
“Both parties agree that trial cannot proceed in absence of the accused, and court agrees with that position,” he ruled.
However, the judge said he had not yet seen evidence suggesting that Dr Besigye’s health concerns could not be managed at Luzira Prison.
“I will give a longer adjournment for the accused to appear physically in court. At this stage, I have not seen a suggestion that his health concerns cannot be handled in Luzira,” Justice Baguma said.
The case was adjourned to February 24, 2026, at 11am. Dr Besigye, his aide Hajji Obeid Lutale, and co-accused Capt Dennis Oola Denish Oyaa are facing treason charges.