The Buganda Road Chief Magistrate’s Court has temporarily halted the trial of opposition politicians Dr. Kizza Besigye and Samuel Lubega Mukaaku on charges of inciting violence, citing Besigye’s deteriorating health condition.
Senior Principal Grade One Magistrate Winnie Nankya Jatiko, on Thursday, suspended the trial for 60 days, expressing hope that Besigye would receive treatment and recover.
The court observed that Besigye appeared feverish and unable to stand for long periods, as seen in previous sessions.
However, the Magistrate denied Besigye’s request for release to seek treatment at a hospital of his choice, stating that similar applications had already been filed before the High Court Civil Division, which takes precedence over lower courts.
Magistrate Nankya clarified that Besigye had previously been granted bail on the incitement charges, meaning the alleged violations of his rights were unrelated to the case before her court.
She upheld that the High Court holds superior jurisdiction, and its ruling on his detention would override any decision from the Magistrate’s Court.
Last Friday, Besigye’s lawyers, Erias Lukwago and Ernest Kalibala, had sought his immediate release, citing multiple human rights violations.
They argued that Besigye’s remand warrant from the General Court Martial expired on February 3, 2025, and he was legally granted bail by Buganda Road Court in 2022.
The prosecution has failed to inform him of any fresh charges, especially since the Supreme Court halted military court trials for civilians.
They also claimed that he has been denied access to personal doctors, despite suffering from ill health, and that his family rights were violated as he was prevented from expressing his love to his wife, Winnie Byanyima, on Valentine’s Day.
His life in prison is at risk, following remarks by the Chief of Defense Forces, Gen. Muhoozi Kainerugaba, who allegedly posted on social media that Besigye would be hanged on March 9, 2025, in Gulu.
The prosecution, led by Allan Mucunguzi, opposed the request, arguing that Besigye’s bail does not override his detention on separate charges originating from the General Court Martial.
They insisted that the Supreme Court ruling did not order the release of individuals with pending military court cases, but only directed the transfer of such files to civilian courts.
Based on these arguments, the Magistrate dismissed Besigye’s request for release but suspended proceedings for two months due to his health condition.
Besigye’s lead lawyer, Erias Lukwago, criticized the court’s decision, alleging that President Museveni and his son, Gen. Muhoozi Kainerugaba, are influencing the judicial process.
He noted that the statements from Museveni created a chilling effect on government officials, adding that they would continue fighting for justice.
Lukwago also condemned the court’s failure to take action against prison authorities for failing to produce Besigye in court, despite a previous order.
He said the legal team will now focus on demanding that High Court Judge Dr. Douglas Singiza sets a hearing date for the case challenging Besigye’s continued detention.
Despite the stay of trial, Lukwago expressed concern that Besigye would still not be allowed to seek medical attention at a hospital of his choice within the two months.
Besigye has today not been Produced in Court. There was a female prison officer who said Besigye hadn’t been produced today as ordered last week but that there was no officer from the Luzira Upper Maximum Prison to justify Besigye’s absence.
Lukwago said the court should have also found the prison officers in contempt of court and issued orders against them in their absence like they did with their President of Uganda Law Society-ULS Isaac Ssemakadde, than remaining silent on Besigye’s absence.
Besigye is jointly charged with Samuel Lubega Mukaaku for protesting against the skyrocketing prices for day-to-day commodities such as bread, cooking oil, sugar, among others in a protest held in Shauriyako Kampala Central on June 14th, 2022.
The Prosecution led by Allan Mucunguzi has so far presented five witnesses in the case, who are all police officers, and is left with only one witness who is also a police officer.
Although Besigye is out on bail on these charges of inciting violence, he remains in prison on charges of treachery and illegal possession of ammunition and firearms stemming from the General Court Martial, which has since been barred by the Supreme Court from trying civilians and capital offenses, save for disciplinary-related offenses committed by UPDF soldiers.
On Wednesday, the High Court Civil Division Judge Dr. Douglas Singiza was asked by the lawyers representing Besigye to determine the legality of Besigye’s continued stay in prison when there is a Supreme Court decision stopping trial of civilians in the Military Courts.
However, the Government contends that Besigye is in prison legally on the basis that the Supreme Court only ordered for transfer of files from the Court Martial to civilian courts, but not to release anyone.
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