The High Court has ruled that the trial of opposition politician Dr Kizza Besigye and his co-accused Hajji Obeid Lutale will proceed in open court after the state withdrew an application that had sought to conceal the identity and testimony conditions of key prosecution witnesses.
The dramatic shift came after repeated objections from the defence team led by Kenyan lawyer Martha Karua, who accused the prosecution of delaying proceedings and contributing to unnecessary legal costs and adjournments.
Initially, the state had requested permission to allow some witnesses to testify without full disclosure, arguing that there were security concerns and risks of intimidation.
However, after a brief adjournment, prosecutors informed the court that they were withdrawing the application and would instead rely on alternative witness protection measures.
“The Office of the Director of Public Prosecutions has now agreed to make full disclosure to the defence team while relying on alternative witness protection measures,” Chief State Attorney Richard Birivumbuka told the court.
The proceedings attracted a heavy presence of supporters, diplomats and observers, with many arriving early before Dr Besigye entered court at around 11 a.m. Outside the courtroom, supporters chanted slogans as the high-profile case got underway.
The defence welcomed the prosecution’s decision but strongly criticised the state for what it described as repeated delays that have stalled progress in the trial since April.
“We demand withdrawal with cost and prejudice because there has been a lot of time wasting,” Martha Karua submitted.
Karua further argued that the withdrawn application had forced the defence into additional legal and travel expenses, noting that she had repeatedly travelled between Nairobi and Kampala for court appearances linked to the case.
“I have been running here and there, assuring us that such an application would never resurface, but I also need compensation for expenses that I have been spending flying from Nairobi to here,” she said.
However, Justice Henry Peter Adonyo Baguma ruled that while the application had contributed to delays, it did not amount to prejudicial conduct that would justify immediate compensation orders.
The court directed that the prosecution proceed with the matter when hearings resume.
Dr Besigye, Hajji Obeid Lutale, and UPDF Captain Denis Oola are accused of conspiring to overthrow the Government of Uganda between 2023 and 2024.
The decision to proceed with an open trial has already been welcomed by Besigye’s supporters, who view it as a significant win for transparency and public scrutiny in one of Uganda’s most closely followed political cases.
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