Tuesday, October 13, 2026
  • About
  • Advertise
  • Careers
  • Contact
Insight Post Uganda
  • Home
  • NewsHot
    • Health
    • Politics
    • Religion
    • Lifestyle
    • World News
    • Tourism
    • Environment
    • Agriculture
  • Business
    President Yoweri Museveni addresses the virtual celebrations to mark Uganda’s 64th Independence Day at State House, Entebbe.

    Museveni Rejects Use of Forex Reserves to Stabilise Shilling

    Minister of State for Labour, Employment and Industrial Relations Simon Mulongo

    Minister Mulongo Calls for Transparency in Shs107m Women’s Grant Scheme

    Tumukunde Tells Local Leaders to Protect Women From GROW Grant Fraud

    Tumukunde Tells Local Leaders to Protect Women From GROW Grant Fraud

  • Sports
    Uganda Set To Complete AFCON 2027 Stadia By December 2026

    Uganda Set To Complete AFCON 2027 Stadia By December 2026

    Eurofoam Marketing Manager Claire Kemigisha buys the first jersey from Mukono Diocese Bishop Enos Kagodo to launch the Mukono Cathedral Run

    Mukono Diocese Turns To Community Run To Raise UGX5 Billion For Cathedral

    Rogers Sebyondwa

    Bulemeezi Player Dies After Suffering Injuries In Kyaggwe Masaza Cup Match

  • Education
    Five Teachers, Student Remanded Over Alleged PLE Paper Possession

    Five Teachers, Student Remanded Over Alleged PLE Paper Possession

    Makerere University Directs Professor Buyinza to Step Aside Amid Sexual Harassment Probe

    Makerere University Directs Professor Buyinza to Step Aside Amid Sexual Harassment Probe

  • In Luganda
    Betty Nambooze, Mukono Municipality MP

    Kibuule Akubye Mu Nambooze Ebituli, Talina Kyakoledde BannaMukono Okujjako Okujoboja

    Omubaka Gwetwalonda Teyadda-Abekyampisi Betondedde Kibuule

    Omubaka Gwetwalonda Teyadda-Abekyampisi Betondedde Kibuule

    Counsel George Musisi ng'alaga emu ku kaadi mu lukungana lw'amawulire

    Munnamateeka Wa NUP Atambula Nju Ku Nju Ng’ Asaggula Obuwagizi  

  • In Photos
    Ronald Kibuule at Mukono recently.

    Kibuule Poised for Return as Museveni Signals Endorsement in Mukono North

    Katikiro presiding over the opening of the renovated official residence of the Buddu County Chief at Ssaza grounds in Masaka City on Tuesday. Pictures by Robert Nsubuga.

    Pictorial:  Katikiro Mayiga Slams Masaka People Over Poor Hygiene

    Ismael-Kifudde-the-Mukono-Police-Division-Officer-in-Charge-directing-Nambooze-not-to-use-the-route-heading-to-town-center

    Moments of Excessive Force Against Betty Nambooze in Recent General Elections

  • Profiles
    Rwakakooko before PAC

    Parliament Questions UEDCL Preparedness After Umeme Takeover

    Brig. Gen. Kiyengo (center) posing for the photo with the members of Nakifuma Rotary Club who promised to attend his book launch.

    CUTTING THROUGH HELL: UPDF Medic Chronicles Uganda’s Silent War in Somalia Through Powerful Memoir

    L-R MP Mawogola South (Sembabule)-Goreth Namugga, Councillor Amiri Kiggundu, COTFONE Coordinator-Kayinga Yisito Muddu and Mr Xavier Ejoyi, Country Director ActionAid International Uganda at the award event

    National Citizens’ Integrity Awards 2024: Unsung Heroes Celebrated

  • Op-Ed
    • Editorial
    • Opinion
  • Login
No Result
View All Result
Insight Post Uganda
Home Politics

Court Rules Karua, Lukwago Absence Did Not Undermine Besigye Defence

Insight Post Uganda by Insight Post Uganda
August 11, 2026
in Politics
Reading Time: 4 mins read
A A
0
Martha Karua, Lukwago and other defense lawyers discussing with Dr. Besigye at Court. File Photo.

Martha Karua, Lukwago and other defense lawyers discussing with Dr. Besigye at Court. File Photo.

The High Court in Kampala has dismissed a constitutional application by Dr Kizza Besigye and Hajji Obeid Lutale, ruling that the exclusion of Senior Counsel Martha Karua from Uganda and the detention of lawyer Erias Lukwago did not violate their right to legal representation or a fair hearing.

Justice Simon Peter Kinobe delivered the 42-page judgment on Tuesday, rejecting the applicants’ argument that the two incidents had compromised their defence in the ongoing treason case.

Related posts

DPP Files Application Seeking to Access, Analyze Data from Dr. Besigye’s Telephones

Treason Trial: Obeid Lutale Chooses Daughter As His Lawyer

August 25, 2026
DPP Opposes Bail Application for Lawyer Eron Kiiza

State Seeks Contempt Ruling Against Lawyer Eron Kiiza Over Social Media Posts in Besigye Trial

August 6, 2026

Besigye and Lutale had challenged the circumstances surrounding Karua’s deportation and Lukwago’s arrest, arguing that the actions interfered with their constitutional right to be represented by advocates of their choice.

The two are facing trial alongside Captain Denis Oola in Criminal Session Case No. 335 of 2025, in which they are accused of offences related to an alleged plot to overthrow the Government.

The applicants had particularly contested the decision by immigration authorities to stop Karua at Entebbe International Airport on June 22, 2026, classify her as a prohibited immigrant and remove her from the country.

They argued that the decision was unlawful and unfair because Karua was allegedly not given an opportunity to be heard. They also disputed the use of the term “persona non grata” as a basis for declaring her a prohibited immigrant under the Uganda Citizenship and Immigration Control Act.

Besigye and Lutale also argued that Lukwago’s arrest and subsequent remand at Luzira Prison on charges of misprision of treason prevented him from participating in their defence as one of their lawyers.

The Attorney General and Chief of Defence Forces Gen Muhoozi Kainerugaba, who were sued in the matter, had urged the court to dismiss the application, arguing that it was intended to delay the criminal proceedings.

However, Justice Kinobe found that the applicants had not demonstrated that the absence of Karua and Lukwago substantially affected their ability to secure effective legal representation.

The judge noted that Besigye and Lutale continued to have access to a sizeable defence team comprising about 13 law firms and more than 50 advocates of their choice.

He further observed that the trial court had on several occasions adjourned proceedings to allow the accused persons to reorganise their legal team whenever challenges arose.

The trial court had also directed its Registrar to give Besigye and Lutale a list of State Brief advocates from whom they could choose should they decide to invoke their constitutional entitlement to legal representation.

According to Justice Kinobe, the steps taken by the trial court did not support the applicants’ claim that they had been deliberately denied lawyers of their choice.

Karua Challenge

On Karua’s exclusion from Uganda, Justice Kinobe declined to determine whether immigration officials acted lawfully in blocking her entry.

He held that a direct challenge to an immigration decision falls under the High Court’s supervisory jurisdiction and should ordinarily be pursued through judicial review rather than a constitutional petition of the nature filed by Besigye and Lutale.

The judge said the applicants remained free to demonstrate that the immigration decision had infringed, or threatened to infringe, their constitutional rights. However, he found that the evidence presented did not establish such a violation.

Justice Kinobe also rejected the argument that Karua’s physical presence in Uganda was necessarily required for the defence to proceed.

He referred to the Judicature (Electronic Filing, Service and Virtual Proceedings) Rules, 2025, and the Judicature (Visual-Audio Link) Rules, which allow parties to participate in proceedings remotely.

The judge said the defence could have asked the trial court to make arrangements for Karua to participate virtually if her contribution was considered necessary.

He nevertheless stressed that the availability of virtual proceedings does not take away the constitutional right to counsel of one’s choice, but can be used to facilitate effective representation where appropriate.

Lukwago’s Detention

On Lukwago, the court acknowledged that his absence from the proceedings was a result of his detention but held that the detention of a lawyer does not automatically amount to a violation of his client’s constitutional rights.

Justice Kinobe said the key issue was whether Lukwago’s absence, viewed alongside the other circumstances of the case, materially weakened Besigye and Lutale’s ability to obtain effective legal representation.

The judge concluded that the applicants had failed to prove that it did.

He also emphasised that lawyers are subject to the same laws as other citizens and that acting as counsel in a criminal case does not grant a person immunity from criminal proceedings.

The respondents had maintained that there was no evidence that any Government agency had deliberately interfered with the accused persons’ choice of lawyers or that the absence of Karua and Lukwago had prejudiced the treason trial.

They also argued that the applicants had used the wrong legal procedure in challenging Karua’s immigration status and should instead have sought judicial review.

Justice Kinobe agreed with the respondents on this point, holding that the legality of the immigration decision could not properly be determined through the constitutional proceedings before him.

The court ultimately found that Besigye and Lutale had not been denied a fair hearing under Article 28 of the Constitution and that the circumstances did not amount to a violation of the fair-hearing protections under Articles 28 and 44.

Justice Kinobe, however, reaffirmed that the constitutional right to choose one’s lawyer remains protected, subject to the law and the practical requirement that counsel be reasonably available to participate in proceedings.

The application was dismissed without an order for costs. The judge said the matter raised important constitutional questions that should not attract financial penalties.

Besigye, Lutale and Captain Oola are expected back before Criminal Division Judge Emmanuel Baguma on August 18, 2026. The court is expected to consider a medical report regarding Besigye’s fitness to stand trial.

Tags: Dr. Kiiza Besigye
ShareTweetPin
Previous Post

Gov’t Bans Food Sales In Unhygienic Areas Under New Trade Guidelines

Next Post

Time for LCs to Turn Election Victory into Wealth-Creation Victory

Related Posts

UPDF Junior Staff College Students Study Kampala Security, Development Challenges
Politics

UPDF Junior Staff College Students Study Kampala Security, Development Challenges

October 8, 2026
Uganda Assures Kenya It Is Not Interfering in Its Electoral Process
Politics

Uganda Assures Kenya It Is Not Interfering in Its Electoral Process

October 7, 2026
Salim Kisekka
Politics

Masaka High Court Sets Hearing Timelines for Bukomansimbi North Election Petition

October 7, 2026
64th Independence Day to Be Celebrated at State House – Minister Babalanda
Politics

64th Independence Day to Be Celebrated at State House – Minister Babalanda

October 6, 2026
Kibuule addressing media after the court session. In circle is Kiwanuka.
Politics

High Court Allows Kibuule to Call Oral Witnesses in Mukono North Election Petition

October 6, 2026
Ali Mulyanyama
Politics

High Court Dismisses Lubega’s Petition Challenging Makindye East MP Mulyanyama

October 2, 2026
Next Post
Babirye Milly Babalanda

Time for LCs to Turn Election Victory into Wealth-Creation Victory

RECOMMENDED NEWS

Micheal Rugumayo

Burnt, Broken and Abandoned: Mbale Factory Worker’s Agony Exposes Gaps in Labour Protection

7 months ago
Sex Workers Decry Rights Violation, Inaccessible Reproductive Healthcare

Sex Workers Decry Rights Violation, Inaccessible Reproductive Healthcare

2 years ago
Mukono Vet In Trouble For Assaulting Journalist

Mukono Vet Finally Arrested For Assaulting Journalist

2 years ago
New IRA Boss Proposes PAYE-Style Contributions for National Health Insurance

Uganda Insurance Industry Crosses Two Trillion-Shilling Premium Mark

4 months ago

FOLLOW US

Insight Post Uganda

We bring you the most balanced news professionally investigated by our news team. The Insight Post is Uganda’s News company regulated by the Uganda Communications Commission.

Follow us on social media:

Recent News

  • Museveni Reportedly Backs Hassan Bulwadda’s Plan to Redevelop Nakivubo Settlement Primary School Land, Gives Him 6 Acres Of Land On Top Of City Square
  • 64th Independence Anniversary: Babalanda Calls for Economic Independence, Stronger Anti-Corruption Drive
  • Museveni Rejects Use of Forex Reserves to Stabilise Shilling

Category

  • Agriculture
  • Business
  • Editorial
  • Education
  • Environment
  • Health
  • Lifestyle
  • Luganda
  • News
  • Opinion
  • Photos
  • Politics
  • Profiles
  • Religion
  • Runyankole
  • Security
  • Sports
  • Tourism
  • Uncategorized
  • World News

Recent News

Museveni Reportedly Backs Hassan Bulwadda’s Plan to Redevelop Nakivubo Settlement Primary School Land, Gives Him 6 Acres  Of Land On Top Of City Square

Museveni Reportedly Backs Hassan Bulwadda’s Plan to Redevelop Nakivubo Settlement Primary School Land, Gives Him 6 Acres Of Land On Top Of City Square

October 10, 2026
64th Independence Anniversary: Babalanda Calls for Economic Independence, Stronger Anti-Corruption Drive

64th Independence Anniversary: Babalanda Calls for Economic Independence, Stronger Anti-Corruption Drive

October 9, 2026
  • About
  • Advertise
  • Careers
  • Contact

© 2024 The Insight post Uganda - The Insight post uganda. Site Powered by Bookablehood Ltd.

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In
error: Content is protected !!
en_USEnglish
en_USEnglish
No Result
View All Result
  • Home
  • Politics
  • Business
  • Sports
  • Lifestyle
  • Tourism
  • Opinion

© 2024 The Insight post Uganda - The Insight post uganda. Site Powered by Bookablehood Ltd.