The Director of Public Prosecutions (DPP) has asked the High Court to find defence lawyer Eron Kiiza in contempt of court over social media posts relating to a prosecution witness in the ongoing treason trial involving Dr. Kizza Besigye and two other accused persons.
The application, filed before the High Court Criminal Division in Kampala under Criminal Miscellaneous Application No. 296 of 2026, stems from Criminal Session Case No. 335 of 2025. Prosecutors argue that Kiiza’s online comments could prejudice the proceedings and interfere with the administration of justice.
According to court documents, the State alleges that Kiiza, who is part of Besigye’s legal team, published a series of posts on his verified X account discussing prosecution witness Andrew Wilson, an American national. The DPP contends that the posts questioned the witness’s credibility, described aspects of his testimony as false, and encouraged public discussion of issues that are still before court.
The prosecution argues that the publications violated the sub judice principle, which discourages public commentary that could influence active court proceedings.
The State is asking the court to find Kiiza guilty of criminal contempt committed outside the courtroom. It is seeking either a custodial sentence in civil prison or a punitive fine.
In addition, prosecutors want the court to order Kiiza to permanently remove the disputed posts, refrain from making further public comments on evidence or the merits of the ongoing trial, and publish a court-approved retraction and unconditional apology on his X account for seven consecutive days. The DPP is also seeking costs of the application.
The application is supported by an affidavit sworn by Detective Inspector of Police Benedict Odyek, an investigator attached to the Criminal Investigations Directorate.
Odyek states that Besigye and his two co-accused are facing charges of treason and misprision of treason, and that Kiiza published several posts in July 2026 commenting on evidence expected to be presented by the prosecution.
According to the affidavit, posts published between July 23 and 25 allegedly referred to statements attributed to Wilson, with investigators claiming Kiiza described the witness as dishonest and his account as contradictory. The State says the posts have been preserved through digital forensic procedures and pose what it describes as “a clear, real and present risk” of prejudicing the trial, intimidating potential witnesses and undermining the administration of justice.
Prosecutors also rely on a letter allegedly written by Kiiza on July 16, 2026, to three state-appointed defence lawyers—Sylvia Namawejje, Sarah Awero and Julius Sserwambala—asking them to withdraw from representing the accused. The DPP argues that the letter, together with the subsequent social media posts, was intended to influence the conduct of the proceedings.
The State further contends that Kiiza, as an advocate of the High Court, was fully aware of his professional obligations and the restrictions on publicly commenting on matters pending before court.
The High Court will determine whether the lawyer should answer the allegations of criminal contempt.
The latest application follows an earlier attempt by the prosecution to secure orders protecting the identities of prosecution witnesses in the treason case. That application was later withdrawn after the State indicated it could delay the start of the trial.
The proceedings have, however, faced repeated delays. Besigye has objected to the treatment of his legal team, citing the arrest and remand of his lawyer Erias Lukwago on charges of misprision of treason linked to the same case, as well as the deportation of his lead counsel, Martha Karua, from Entebbe International Airport. Those issues remain before the High Court in a separate application.
The trial has also been marked by disagreements over legal representation after Justice Emmanuel Baguma ruled that Besigye should be represented by state-funded lawyers. Besigye rejected the decision, insisting on lawyers of his own choosing. During one court appearance, he protested the proceedings before collapsing and later receiving medical treatment.
This is not the first time Kiiza has faced contempt proceedings while representing Besigye. On January 7, 2025, the then General Court Martial convicted him of contempt of court and sentenced him to nine months’ imprisonment. He was later granted bail by the High Court after spending 87 days in Kitalya Prison, pending the hearing of his appeal.
Responding to the latest application, Kiiza described the proceedings as an attempt to silence him and restrict public access to information about the Besigye case. He maintained that the action is unconstitutional and argued that the Office of the Director of Public Prosecutions should instead apologise to both him and the public.
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