Besigye, Lutale remain in jail pending Martha Karua law permit

The General Court Martial in Makindye, a Kampala suburb, has further remanded Colonel (Rtd) Dr Kizza Besigye and his co-accused, Hajj Obeid Lutale, to Luzira Prison on charges of illegal possession of ammunition and a firearm.

The duo, who were arrested in Kenya and renditioned to Uganda, will remain in custody until December 10, 2024. Brigadier Robert Freeman Mugabe, who presided over the court martial, set the new date following a defence request for an adjournment.

Besigyee’s lawyers sought more time to process the practising certificate for Kenyan lawyer Martha Karua, appointed as the lead defence counsel. Ugandan law requires lawyers to have a practising licence from the Uganda Law Council. 

Erias Lukwago, representing Besigye, informed the court that the council, chaired by Lady Justice Irene Mulyagonja, had assured them that Karua’s paperwork would be ready by the next day.

Read: Kenya's Martha Karua seeks to lead Kizza Besigye's legal team in Kampala

Although the defence requested an adjournment to Tuesday, Brig Mugabe said the court’s schedule could not accommodate the request due to other cases. He ruled that December 10 would be the earliest available date.

Mr Lukwago asked for a date within the week, stressing the importance of fairness, to which Brig Mugabe replied that the court martial only sits two days a week -- Monday and Tuesday -- and that this week’s calendar was already full. He noted that Tuesday of the following week was not far away. 

The prosecution, led by Col Raphael Mugisha, questioned the basis for the adjournment, arguing that the defence was delaying the case. 

However, defence lawyer Eron Kiiza countered that receiving a ruling is a legal process that requires the participation of the lead counsel, especially since the court was to address preliminary objections, including the legality of trying civilians in a military court.

Brig Mugabe, after consulting with the Judge Advocate, found the adjournment request valid and confirmed the December 10 date.

This is not the first time Besigye’s has been charged before a court martial. In 2006, he was charged with treason and other crimes, all of which were later dismissed. Since his declaration for the presidency, Besigye has faced numerous charges in various courts across the country, though no conviction has been obtained. 

He has consistently accused the state of politically motivated persecution rather than prosecution.