By Nasser Kayanja
KAMPALA. The Principal Judge has assigned a judge from the High Court’s Civil Division to hear and determine an application filed by detained opposition leader Dr. Kizza Besigye and his co-accused Hajji Obeid Lutale over their right to legal representation in their ongoing treason case.
According to a letter dated July 17, 2026, Criminal Division Deputy Registrar Twakyire Samuel informed the two accused at Luzira Upper Prison that High Court Criminal Miscellaneous Application No. 0248 of 2026 had been allocated to Justice Simon Peter M. Kinobe.
The application arises from High Court Criminal Session Case No. 335 of 2025, in which Besigye and Lutale are jointly charged with treason and misprision of treason.
A second document signed by Justice Kinobe confirms that the matter was assigned to him by the Principal Judge “for hearing and determination.”
Rather than fixing the application for an oral hearing, Justice Kinobe issued case management directions requiring the parties to exchange affidavits and written submissions before he delivers a ruling.
Under the schedule, Besigye and Lutale must serve the respondents by July 20, while the respondents are required to file their affidavits by July 23.
The applicants have until July 28 to file any rejoinder affidavits, followed by their written submissions on July 31.
The respondents must file their written submissions by August 3, with any rejoinder submissions from the applicants due by August 6.
Justice Kinobe has scheduled his ruling for August 13, 2026.
The judge also directed the administrator of the Electronic Court Case Management Information System (ECCMIS) to ensure that all parties are linked to the electronic court platform to facilitate the proceedings.
The application concerns complaints by Besigye and Lutale that they have been denied their constitutional right to lawyers of their choice.
The two argue that the arrest and prosecution of former Kampala Lord Mayor Erias Lukwago, who was part of their legal team, and the deportation of Kenyan Senior Counsel Martha Karua, whom they had appointed to lead their defence, have made it impossible for them to receive effective legal representation.
In a recent letter to trial judge Emmanuel Baguma, Besigye and Lutale asked the court to first determine the legal representation dispute before proceeding with their latest bail application, a human rights enforcement application and the main treason trial.
They also want the court to affirm their right to be represented by advocates of their choice, including Karua and Lukwago, and to allow them to cross-examine witnesses who have filed affidavits in the pending applications.
The assignment has attracted attention because the application arises from a criminal case pending before the Criminal Division but has been allocated to a judge attached to the Civil Division.
It has also raised questions after the judge issued a schedule for written filings and fixed a date for his ruling without first setting the matter down for an in-person hearing.
Neither the Judiciary nor the Principal Judge has publicly explained the administrative basis for assigning the application to the Civil Division or why it will proceed through written submissions.
Besigye and Lutale deny the treason charges against them. Prosecutors allege that between 2003 and November 2024, they and others still at large plotted in Uganda, Kenya, Greece and Switzerland to overthrow the government by force of arms.
The case remains one of Uganda’s most closely watched criminal prosecutions, with disputes over bail, witness disclosure, legal representation and trial management continuing alongside the substantive treason charges.