Veteran opposition politician Dr Kizza Besigye will stand trial on treason charges next week after the High Court dismissed an application seeking to halt the criminal proceedings, ruling that the case should proceed as scheduled.
Criminal Division Judge Emmanuel Baguma, in a ruling delivered electronically on Wednesday through the Electronic Court Case Management Information System (ECCMIS), dismissed the application filed by Besigye and his co-accused, Hajji Obeid Lutale Kamulegeya, describing it as incompetent and an abuse of court process intended to delay the trial.
The decision clears the way for the treason case involving Besigye, Lutale and Uganda People’s Defence Forces (UPDF) Captain Denis Oola to begin on Monday, July 13, 2026.
Besigye and Lutale had asked the court to terminate the proceedings, arguing that their constitutional rights had been violated. They also sought unconditional release and requested that the government facilitate their treatment and rehabilitation at the African Centre for the Treatment and Rehabilitation of Torture Victims (ACTV) or another appropriate medical facility.
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In affidavits before the court, the pair alleged they were abducted from Nairobi, Kenya, by Ugandan security operatives and returned to Uganda without following legal extradition procedures.
They further claimed they were held incommunicado at Makindye Military Barracks, denied access to lawyers and medical personnel, detained beyond the constitutional 48-hour limit before appearing in court, and confined in a military facility not authorised to hold civilians.
Besigye also accused the Chief of Defence Forces, Gen Muhoozi Kainerugaba, of making public statements suggesting he should be hanged and portraying him as guilty before trial, which he argued undermined his right to a fair hearing.
However, the respondents — Gen Muhoozi Kainerugaba, Col Peter Ahimbisibwe, Lt Col Ephraim Byaruhanga and the Attorney General — denied the allegations.
Through state attorney Johnson Natuhwera, the government maintained that Ugandan security agencies neither abducted nor arrested Besigye and Lutale in Nairobi. It also denied that the named military officers participated in any operation leading to their arrest.
The state further argued that the accused were informed of the reasons for their arrest, had access to legal representation and medical care, and that the treason charges were supported by evidence and the law.
In his ruling, Justice Baguma found that the applicants had failed to provide credible evidence proving 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,” Baguma ruled.
The judge also noted that the allegations were not raised during earlier stages of the criminal proceedings, including the accused’s first appearance before the Nakawa Chief Magistrate’s Court in February 2025, committal proceedings in May 2025, plea-taking before the High Court in September 2025, or in previous applications they had filed.
He questioned why the complaints emerged only after the court directed the prosecution on June 11, 2026, to begin presenting its witnesses.
“In my view, the applicants’ decision to file this application at this stage of the trial is an afterthought intended to delay the trial. This court will not condone such delays,” he said.
Justice Baguma observed that delays in the case had been caused by both the defence and the prosecution, citing multiple preliminary objections filed by the defence and delays by prosecutors in fully disclosing evidence.
The judge also relied on a June 2026 Constitutional Court decision in Faruku Muhammad and Others v Attorney General and Others, which held that criminal proceedings cannot be terminated solely because of alleged human rights violations.
He said the Constitutional Court had clarified that people claiming their rights had been violated could instead pursue remedies such as constitutional petitions, habeas corpus applications and judicial review, rather than seeking to stop criminal trials.
Justice Baguma added that courts must balance the rights of accused persons with the interests of victims and the wider public in ensuring accountability through due process.
The application was dismissed, and the judge ordered that the trial commence at 11:00am on July 13 without further delay. He directed the deputy registrar of the Criminal Division to issue production warrants for Besigye and Lutale and instructed Luzira Prison authorities to continue granting the defence team reasonable access to the accused, including approved facilities and electronic devices needed to prepare their case.
He also ordered that both accused, who remain on remand, be provided with hard copies of the ruling.
Besigye, Lutale and Captain Oola are jointly charged with treason over allegations that they plotted to overthrow the government.
According to prosecutors, the three held meetings in Geneva, Athens, Nairobi and Kampala to solicit funding, acquire weapons and organise paramilitary operations.
The prosecution further alleges that Besigye met a Kurdish intelligence operative identified as Andrew Wilson and received 5,000 US dollars to facilitate the transport of 36 Ugandans to Kisumu, Kenya, for military training. The recruits were allegedly intercepted and deported before the training could begin.
State prosecutors also allege that Besigye sought to obtain surface-to-air missiles, ricin poison and counterfeit currency, and planned to use drone technology to assassinate President Yoweri Museveni.
The prosecution says it intends to rely on audio and video recordings, social media communications, immigration records and telephone data as evidence during the trial.
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