Prosecution and Besigye lawyers clash over witnesses' identities

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Lawyers of Col Kizza Besigye and Hajji Obeid Lutale, both facing treason charges, have accused prosecution of acting in bad faith and failing to comply with earlier court directions on full disclosure of evidence they intend to use during trial.

This followed a request by Thomas Jatiko, the Assistant Director of Public Prosecutions, who asked court to grant protection to six key witnesses.

Before Justice Emmanuel Baguma of the Criminal Division of the High Court, Jatiko, earlier today (March 12), requested the court to allow delayed disclosure of identities of six crucial witnesses whose statements had been served to the defence team on March 12, 2026.

However, the defense led by Kenyan lawyer Martha Karua, assisted by several, including Erias Lukwago, opposed the application.

Lukwago argued that the State had previously expressed readiness to make full disclosure of all evidence, but instead served statements without the necessary particulars.

Defence insisted that witness statements must include all identifying details of the witnesses so the defence can properly prepare the case for the accused persons.

Erias Lukwago, Martha Karua and other lawyers speacking to journalists after court session held on March 12, in High Court Kampala.

They defence further argued that the prosecution had been in possession of the statements since March 2025, raising questions about why the State delayed their disclosure until now.

The team told court that the defence received the documents on March 11, 2026, noting that the service was made to their law firms in the evening when some of them had left their offices.

The judge ordered the prosecution to serve the application for protection to Besigye and his co-accused in court together with their lawyers, who have formally appeared on the court record.

The court ordered that the reply must be filed by March 26, 2026, while prosecution will have the opportunity to file a rejoinder, if any, by March 30, 2026.

The judge emphasised that the main matter will return to court on March 31, 2026 for mention to confirm compliance with the filing timelines and to give further directions.

The case

Besigye and Lutale are jointly charged with treason and misprision of treason alongside Capt. Denish Oyaa Oola of the Uganda Peoples’ Defence Forces (UPDF), attached to the Armoured Brigade. The offence attracts a maximum sentence of death upon conviction.

Prosecution alleges that Besigye, Lutale, Oola and others still at large, between 2023 and 2024 in various countries, including Switzerland, Greece, Kenya and in Kampala (Uganda), contrived to overturn the Government of Uganda by force of arms.

According to the charge sheet, the accused, knowing that another person intended to commit treason, did not give information to Ugandan authorities to prevent the commission of treason, which is tantamount to misprision of treason.