Treason trial to proceed in Besigye’s absence, court rules
“Besigye’s repeated absence has made it difficult to continue with the trial in his presence,” Baguma stated. He said Besigye had indicated, even before he collapsed on July 29, 2026, that he did not want to attend the proceedings.
Obeid Lutale during a court session on Tuesday, August 18. (Photos by Margaret Zalwango)
KAMPALA - The High Court in Kampala has ruled that the treason trial of four-time presidential candidate Dr Kizza Besigye will proceed in his absence.
Justice Emmanuel Baguma of the High Court’s Criminal Division today (August 18) said medical professionals had cleared Besigye as fit to stand trial, but that he had declined to attend court.
Stating that it was impracticable to conduct the proceedings in Besigye's absence, the judge referred to a medical report from Mulago Hospital indicating that Besigye had been discharged and was able to communicate and understand the proceedings.
“Besigye’s repeated absence has made it difficult to continue with the trial in his presence,” Baguma stated. He said Besigye had indicated, even before he collapsed on July 29, 2026, that he did not want to attend the proceedings.
According to the judge, Besigye, who was not in court on Tuesday, had at one point banged on a table and attempted to leave the dock but was restrained by prison warders.
The judge relied on Article 28(5) of the Constitution and Section 55 of the Trial on Indictments Act, which allow criminal proceedings to continue in the absence of an accused person where their conduct is so disruptive that it becomes impossible to proceed with the trial in their presence.
L-R; Hajji Obed Lutale's wife, Winnie Byanyima, wife to Dr Kiiza Besigye and Wafula Ogutu in court on Tuesday
The ruling came as the trial of Besigye and his co-accused continued, with American national Andrew Wilson testifying about alleged plans involving Besigye and his aide, Obeid Lutale, to overthrow the Government.
Besigye and Lutale are jointly charged with treason and misprision of treason alongside Capt. Denish Oyaa Oola, a Uganda People’s Defence Forces (UPDF) officer attached to the Armoured Brigade. The offences carry a maximum penalty of death upon conviction.
In his testimony, Wilson, the first prosecution witness, on Tuesday told the court that he had interacted with several individuals allegedly linked to plans to overthrow the Government.
He also mentioned former Kampala Lord Mayor Erias Lukwago and Salaamu Musumba. Wilson, aged 55, gave his testimony under the guidance of Assistant Director of Public Prosecutions Thomas Jatiko and Chief State Attorney Richard Birivumbuka.
The case
Besigye and Lutale are jointly charged with treason and misprision of treason alongside Capt. Denish Oyaa Oola of the Uganda People’s Defence Forces (UPDF), who is attached to the Armoured Brigade. The offences carry a maximum sentence of death upon conviction.
The prosecution alleges that Besigye, Lutale, Oola and others still at large conspired between 2023 and 2024, in various countries including Switzerland, Greece, Kenya and Uganda, to overthrow the Government of Uganda through the use of armed force.
According to the charge sheet, the accused allegedly knew that another person intended to commit treason but failed to provide information to Ugandan authorities to prevent its commission, an offence that amounts to misprision of treason.