Jailed opposition politician Kizza Besigye has revealed that he nearly lost his life while on a hunger strike during his detention, as he insisted that his bail application should not proceed without lawyers of his choice.
Appearing before Justice Emmanuel Baguma at the High Court in Kampala on Friday alongside his co-accused, Hajj Obeid Lutale and Captain Denis Oola, Besigye argued that the continued challenges facing his legal team had denied them a fair opportunity to pursue bail despite spending nearly 20 months in detention.
Addressing the court for almost an hour, Besigye recounted what he described as a series of violations of his constitutional rights dating back to his arrest in Nairobi in November 2024.
He told the court that following the Supreme Court of Uganda ruling that barred the trial of civilians in military courts, he and his co-accused remained in detention for months before being transferred to the civilian justice system.
It was during that period, he said, that he embarked on a hunger strike in protest against his continued incarceration.
“I almost died during the hunger strike,” Besigye told the court, explaining that he eventually ended the protest after being transferred to the Nakawa Chief Magistrate’s Court, where they were formally charged under the current indictment.
The hearing had been scheduled for arguments on the accused persons’ bail applications, but none of the defence lawyers appeared in court.
Assistant Director of Public Prosecutions Thomas Jatiko informed the judge that the prosecution was prepared to proceed despite the absence of defence counsel.
However, instead of advancing the bail application, Besigye used the opportunity to explain why he believed the proceedings could not continue fairly without legal representation.
He told the court that he and Lutale were initially detained without access to lawyers after being brought from Kenya to Uganda before eventually appearing before the former General Court Martial.
According to Besigye, they were unexpectedly represented by lawyers led by former Kampala Lord Mayor Erias Lukwago, whom they had not previously engaged.
He further criticised the military prosecution’s handling of the case, questioning changes in the prosecution’s account regarding the firearms allegedly linked to the charges.
Besigye also complained about the arrest of members of his legal team, including lawyer Eron Kiiza during proceedings before the military court and Major Ronald Iduli, saying the incidents undermined their right to legal representation.
He added that because the allegations involved activities said to have occurred in Uganda, Kenya, Switzerland and another country, the defence sought the services of Kenyan Senior Counsel Martha Karua to lead the legal team.
Besigye said Karua initially struggled to obtain temporary certification to practise in Uganda before eventually receiving clearance following protests by the defence.
He further accused prison authorities of frustrating consultations between the accused persons and their lawyers even after the prosecution disclosed evidence earlier this year.
According to him, the defence had insufficient time to study the evidence before trial preparations began, prompting several constitutional applications and requests for the judge to recuse himself from the case.
Besigye also linked the absence of his lawyers in court to what he described as intimidation against members of the defence team.
He alleged that Lukwago had recently been arrested, tortured and later charged with misprision of treason while serving court documents, claims he said had created fear among the lawyers handling the case.
Besigye also alleged that Karua had been denied entry into Uganda and declared persona non grata when she attempted to engage with matters concerning the trial.
“The latest crisis is caused by Muhoozi Kainerugaba,” Besigye said, arguing that the developments were intended to weaken the defence and force the accused persons to accept lawyers appointed by the state.
Although he expressed a strong desire to regain his freedom, Besigye said he could not proceed with the bail application without lawyers of his own choosing.
“It is not possible to defend yourself when your hands are tied, your face covered and your lips sealed,” he told the court.
Justice Baguma confirmed receiving a letter from Besigye outlining the concerns raised by the defence.
Responding on behalf of the prosecution, Senior State Attorney Jonathan Birivumbuka dismissed claims that the Office of the Director of Public Prosecutions was responsible for the challenges affecting the defence team.
Birivumbuka told the court that the DPP only assumed responsibility for the case after fresh investigations in February 2025 and had no involvement in events surrounding Besigye’s arrest or proceedings before the General Court Martial.
He maintained that defence lawyers had participated in earlier proceedings before voluntarily withdrawing from court and argued that numerous applications filed by the defence had significantly delayed the commencement of the trial.
The prosecution also rejected allegations that it had obstructed access to legal representation, informing the court that prison authorities had since provided facilities for consultations between the accused and their lawyers.
Birivumbuka further argued that since Besigye had expressed concern over his prolonged detention, he should have proceeded with the bail application instead of seeking another postponement.
He asked the court to dismiss the current bail application while noting that the accused remained free to file a fresh one.
Captain Denis Oola supported Besigye’s submissions, telling the court that he had spent nearly three years on remand while repeatedly transporting sureties from Gulu for hearings that were later adjourned.
Oola appealed for an early hearing of his bail application, a request that the prosecution did not oppose.
Justice Baguma directed that fresh hearing dates would be communicated through the Electronic Court Case Management Information System (ECCMIS) on July 8 before adjourning the matter.
Besigye, Lutale and Oola are jointly facing treason charges arising from allegations that they plotted to overthrow the Ugandan government through activities allegedly conducted in Uganda, Kenya and Switzerland. All three have denied the charges.
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