The High Court has dismissed an application by Ugandan opposition figure Dr. Kizza Besigye and his co-accused, Hajji Obeid Lutale, seeking to terminate treason proceedings against them, clearing the way for their trial to commence on July 13, 2026.
In a ruling delivered electronically through the Electronic Court Case Management Information System (ECCMIS), Justice Emmanuel Baguma described the application as lacking merit and ruled that it appeared to be an attempt to delay the criminal proceedings.
The decision means Dr. Besigye, Lutale and Uganda People’s Defence Forces (UPDF) Captain Denis Oola will now stand trial on treason charges.
The two accused had petitioned the court to dismiss the case, arguing that their constitutional right to a fair trial had been violated. They alleged that they were abducted from Nairobi by Ugandan security operatives, detained without due process, denied access to lawyers and medical care, and held beyond the constitutionally permitted period before being arraigned.
They also sought unconditional release and requested government support for medical treatment and rehabilitation.
However, the Ugandan government rejected the allegations, maintaining that the arrests and prosecution were conducted in accordance with the law.
Through the Attorney General’s Chambers, the state denied that Ugandan security agencies abducted the accused in Kenya or that senior military officers named in the application participated in any unlawful operation.
The government further argued that the accused had access to legal representation and medical attention, and that the treason charges were supported by available evidence.
In his ruling, Justice Baguma held that the applicants failed to present credible evidence to substantiate claims that their constitutional rights had been violated.
“The affidavit evidence adduced by the applicants lacks credibility. The evidence was too shallow to persuade this court about the alleged violation of the applicants’ human rights and freedoms,” the judge ruled.
He also noted that the accused had not raised the alleged rights violations during earlier stages of the proceedings, including their initial court appearances and committal process.
According to the judge, the timing of the application—after the court had directed the prosecution to begin calling witnesses—suggested it was intended to delay the trial.
Justice Baguma further cited a June 2026 Constitutional Court decision, which held that allegations of human rights violations do not automatically invalidate criminal proceedings, noting that affected persons have alternative legal remedies such as constitutional petitions, habeas corpus applications and judicial review.
The court subsequently ordered that Criminal Session Case No. 335 of 2025 proceed without further delay and directed prison authorities to continue granting the defence team reasonable access to the accused to prepare for trial.
According to the prosecution, Besigye, Lutale and Captain Oola conspired to overthrow the Ugandan government through meetings held in Geneva, Athens, Nairobi and Kampala, where they allegedly sought funding, acquired weapons and planned paramilitary activities.
Prosecutors say they intend to rely on audio and video recordings, social media communications, immigration records and telephone data as evidence during the trial.
