Besigye Case: Martha Karua to apply for special licence

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Kenya's former justice minister Martha Karua is set to apply for a special licence to enable her argue four-time presidential candidate Dr Kiiza Besigye's ongoing cases in court.  The development comes after the Supreme Court ruled banning civilians from being tried in Court Martial rendering her initial temporary practicing certificate expired since it was only limited to cases therein.

Speaking during the joint opposition prayers held at the National Unity Platform (NUP) headquarters in Makerere-Kavule, Karua said she would apply for the special temporary licence to enable carry on her duties as leading Besigye lawyer.

"Today, I was in court but I was voiceless. My temporary practicing certificate was only limited to cases in Court Martial. I'm going to apply for a special licence to allow me to fight for Besigye's justice," Karua said.

Of recent, Besigye's health condition has been reported deteriorating, piling pressure among the Opposition and human rights agencies demanding his immediate release.

Yesterday, President Yoweri Museveni issued a statement describing Besigye's alleged hunger strike as "unprincipled malice" arguing that those demanding for former opposition figure leader's release should instead call for his speedy trial.

Background

Besigye is jointly charged with Captain Denis Oola, 48, from the armoured brigade, and Hajji Obeid Lutale, aged 65. The three individuals are accused of five offences. The first offence involves charges related to national security under Section 128(1)(f) of the Uganda Peoples Defense Forces (UPDF) Act.

The second charge is treachery, as outlined in Section 127(d) of the UPDF Act. Additionally, Besigye and Lutale are charged with unlawful possession of firearms and ammunition under Sections 4(1) and 4(2) of the Firearms Act.

The prosecution claims that between February 2023 and November 2024, the three accused individuals held meetings in various international cities, including Geneva, Athens, and Nairobi, as well as within Uganda, particularly in Kampala Metropolitan.

These meetings allegedly focused on soliciting logistical support and identifying military targets in Uganda, with the intent to undermine the security of the UPDF. The prosecution also accuses them of withholding critical information that could have prevented these alleged activities, further compounding the charges.

Regarding the firearms charges, Besigye and Lutale are specifically accused of possessing two pistols, one a 27KAL No.765, and the other an HB 1015 1953 model, along with eight rounds of ammunition. These items, according to the prosecution, are typically reserved for use by the UPDF, and their unlawful possession is considered a violation of military law.

Both Captain Oola and Besigye have denied the charges. Besigye and Lutale have also expressed their intention to challenge the court’s jurisdiction, arguing that some of the alleged offences occurred outside Uganda, particularly in foreign countries.

As a result, the General Court Martial entered a plea of “not guilty” on their behalf and remanded the three accused individuals until February 3, this year, for further hearings.

This case is not the first time Captain Oola has appeared before the General Court Martial. He was previously arraigned in December 2023 with 19 others on similar charges, including treachery and unlawful possession of firearms.

The prosecution later added 10 more individuals to the case, including UPDF soldiers, police officers, and civilians, who are accused of forming a rebel group known as the Uganda Lord’s Salvation Army, to overthrow the government.

The alleged offences in the ongoing case, involving both Besigye and Oola, date back to 2022 and 2023, with accusations stretching across both Uganda and Kenya. The trial for this case is still pending, and its outcome could have significant consequences for the accused, as well as broader implications for political dissent and justice in Uganda.