
KAMPALA.
The High Court in Kampala the treason case against jailed veteran opposition leader Dr Kizza Besigye, his political ally Hajj Obeid Lutale Kamulegeya, and UPDF Captain Denis Oola have been further remanded after the prosecution failed to fully disclose evidence.
The trio is charged with treason, an offence that carries a death sentence upon conviction.
Presiding judge Justice Emmanuel Baguma directed the prosecution to make full disclosure of all evidence by March 3, 2026, warning that the trial cannot proceed without compliance.
The accused had appeared in court for case conferencing, a stage meant to set timelines and procedures for the hearing and allow the defence to raise preliminary applications. However, proceedings stalled after defence lawyers protested incomplete disclosure by the state.
The defence team, led by former Kenyan Justice Minister Martha Karua and lawyer Erias Lukwago, accused the prosecution of violating a prior court order issued on December 30, 2025, which required full disclosure by January 21, 2026.
According to Lukwago, the prosecution submitted only one file containing four pieces of evidence, far short of what is required for a fair trial.
Following the arrest of Besigye and Lutale in Nairobi, Kenya, in November 2024, an audio recording circulated online allegedly implicating Besigye in plans to procure drones to attack President Yoweri Museveni’s helicopter. Lukwago questioned why the prosecution has not formally presented the alleged audio if it considers it authentic.
“If the tapes of purchasing drones to attack Museveni were circulated online, why not give them to the lawyers?” Lukwago asked.
Karua stressed that proceeding without full disclosure would amount to a trial by ambush, which is prohibited under the Constitution.
“We told the court we could not proceed with case conferencing because the prosecution only made partial disclosure,” Karua said outside court. “They have given us witness statements and transcripts of audio and video materials we have never seen. The Constitution of Uganda is clear: an accused person and their lawyers must know in advance the evidence against them.”
She further raised concerns about the authenticity of transcripts in an era of artificial intelligence.
“If there is a transcript, you must first provide the original audio or video. How do we confirm that the transcript matches the recording or that it is not fraudulent?” she asked.
Some government officials, including Deputy Speaker of Parliament Thomas Tayebwa, have accused the defence of deliberately delaying the trial. However, Lukwago rejected the accusation, saying responsibility lies squarely with the prosecution.
“This delay is entirely the prosecution’s fault,” he said.
The accused persons remain in custody and are expected to return to court on March 12, 2026, pending full disclosure by the state.On Monday Besigye’s family members and friends had organized a special Mass at Rubaga Cathedral to pray him and other political prisoners ,but the function was called off at the eleventh hour after the wife Winnie Byanyima claimed that the Archbishop Paul Ssemogerere who was the main celebrant was ordered by President Museveni to postpone the Mass as he conducts investigations into the motive behind .
—