The High Court in Kampala has dismissed an application by Dr Kiiza Besigye and his co-accused Obeid Lutale seeking a stay of criminal proceedings and bail, ordering that plea taking in their treason case proceeds.
The ruling was delivered by Justice Emmanuel Baguma, who held that the filing of a constitutional petition does not automatically halt proceedings before the High Court and that the decision to stay a trial lies within the discretion of the court.
“From the onset, I have to draw a distinction between a stay of proceedings and a constitutional petition; in the instant case, it is not in dispute that the applicants petitioned the Constitutional Court directly, which does not warrant an automatic stay,” Justice Baguma ruled.
He said court’s discretion to stay proceedings must be exercised in regard to the seriousness of the offence to avoid unnecessary delays and to ensure substantive justice.
He cited Section 61 of the Trial on Indictments Act, that requires an accused appearing before the High Court to be placed at the bar and to enter a plea.
He noted that plea taking is a fundamental stage in criminal proceedings as it enables an accused person to indicate whether they admit or deny the charges.
According to the judge, the accused were committed to the High Court on May 29, 2025, and plea taking had been scheduled for September 1, 2025, but no plea had been entered to date.
“Instead, the accused have made application after application, making plea taking difficult,” Justice Baguma observed.
He ruled that the proper procedure was for the accused to take plea first before pursuing further applications, including bail.
“It is therefore my considered view that the applicants take plea and, if they so wish, apply for bail thereafter,” he said, adding that he remained mindful of the constitutional presumption of innocence.
“The application and the orders sought are denied, and I order that plea taking proceeds immediately,” the judge concluded.
However, defence lawyers objected to the immediate plea-taking. Martha Karua, Besigye’s lead lawyers, said the move amounted to an ambush, arguing that the defence had come to court for a ruling on the stay and bail applications, which they had been informed would be delivered electronically.
“To change the mode of delivery at the last minute and order plea taking is totally unfair to the defence,” Karua submitted.
Erias Lukwago, also representing the accused, told court it would be irregular to proceed when instructions from court had only been issued that day.
He requested an adjournment to allow the defence to prepare for the indictment process and to advise the accused on whether to plead guilty or not guilty.
Lukwago also noted that Section 61 of the Trial on Indictments Act requires that an indictment must be prepared and signed by the registrar at least 14 days before proceedings and served to the accused persons.
Simon Nsubuga Busagwa, lawyer for the third accused person, UPDF officer Capt Denis Ola, raised concerns over a pending bail application for his client, saying the particulars on the charge sheet names, age and occupation, belonged to a different person.
In response, Assistant Director of Public Prosecutions Thomas Jatiko told court that the accused had been served with copies of the indictment by the lower court at the time of committal, and that there was no need for fresh service.
Regarding Capt Ola, Jatiko said any errors would be addressed through amendments after the reading of the indictment and plea taking.
Justice Baguma agreed with the prosecution and directed the clerk to read the indictment. However, defence lawyers challenged the move, arguing that the indictment was not signed by the registrar and lacked the day and date of signing as required by law.
The judge subsequently adjourned the matter to Tuesday for a ruling on whether proceedings can continue on the basis of the available indictment.
Dr Besigye and Lutale are jointly charged with treason and misprision of treason, alongside Capt Denis Ola. The prosecution alleges that the accused were involved in activities intended to overthrow the government by force, charges they deny.
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