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Kampala, Uganda | THE INDEPENDENT | The Buganda Road Chief Magistrates Court has issued a fresh production warrant directing the Uganda Prisons Service to produce opposition politician Dr. Kizza Besigye for trial on charges of inciting violence. The order was issued on Thursday by Senior Principal Grade One Magistrate Winnie Nankya Jatiko when the matter, in which Besigye is jointly charged with fellow opposition politician Samuel Lubega Mukaaku, came up for further hearing.
The hearing was initially delayed for 30 minutes after one of Besigye’s lawyers, Abubaker Ssekanjako, requested a break to await the arrival of lead counsel Erias Lukwago. Ssekanjako informed the court that Lukwago had been delayed at Lubaga Hospital, where he had gone following unverified reports about the health of his client, Kawempe North MP Muhammad Ssegirinya, who was said to have passed away.
When court reconvened, Lukwago stated that Besigye was not present in court, explaining that on December 5, 2024, the court had been notified that Besigye had been incarcerated at Luzira prison on matters related to the General Court Martial. He expressed surprise that the court’s previous orders had not been respected and questioned where the fault lay—whether with the prisons or the state for failing to carry out the necessary orders to produce Besigye in court.
Lukwago further argued that if the state had failed to execute the production warrant, it was a serious matter, emphasizing that it is the state’s responsibility to ensure an accused person’s presence in court and to ensure progress in the case. He suggested that if the state had inadvertently failed to follow the process, it should be subject to penalties or sanctions.
State Attorney Allan Mucunguzi, however, argued that Besigye is currently out on bail in this case and stated that it was the responsibility of Besigye’s lawyers to extract and ensure the serving of the production warrant to the prison authorities, not the prosecution’s. He acknowledged that a mishap had occurred, but suggested that a fresh production warrant be issued and that the defense lawyers should be penalized for failing to extract the original warrant.
Mucunguzi assured the court that the prosecution was fully committed to the case, pointing out that they had witnesses in court, including Police Officer Detective Stephen Oryema, who was present to testify against Besigye. He requested that the court issue a fresh production warrant to ensure Besigye’s presence.
Lukwago, in response, maintained that the responsibility of producing Besigye in court should not rest with the defense but rather with the state, which is in charge of the prison authorities. He insisted that if the case could not proceed, it should be put in abeyance.
In her ruling, Magistrate Nankya stated that it would be premature to close the prosecution’s case while Besigye’s whereabouts were known to be in prison. She emphasized that since the prosecution had been presenting witnesses, it was in the interest of justice to issue a fresh production warrant.
She ordered that the warrant be extracted, signed, and served to the prison authorities, with Besigye to be produced before the court on January 21, 2025. The prosecution had also brought witnesses, including Detective Oryema, who was the scene-of-crime officer, ready to testify against Besigye.
Dr. Kizza Besigye was arrested in Nairobi on November 16, 2024, alongside Hajji Obeid Lutaale and subsequently charged before the General Court Martial in Makindye with unlawful possession of ammunition and firearms and offenses related to treason.
He was remanded until January 13, 2025. However, he still faces charges of inciting violence at Buganda Road Court, where he has been out on bail for more than two years without a conclusion to his trial. The incitement of violence charges stem from an incident on June 14, 2022, when Besigye and Lubega allegedly staged an assembly in Kampala, making statements that the prosecution claims were intended to incite violence.
According to the prosecution, Besigye and Lubega were seen addressing a crowd from their vehicle, using a megaphone, despite being ordered to stop by police officers. The incident was investigated by the Scene of Crime Officer, Detective Stephen Oryema, who reported the details of the event, including the towing of their vehicle and the subsequent search.
The prosecution accuses them of intending to cause damage and destruction of property. In a prior ruling in October 2022, Magistrate Asuman Muhumuza ordered the return of Besigye’s impounded vehicle, which has not been returned to date. In June 2023, Grade One Magistrate Siena Owomugisha dismissed similar charges against Besigye due to lack of prosecution, setting him free.
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