Military prosecutors slap treachery charges against Besigye

KAMPALA, UGANDA | THE INDEPENDENT | Military Prosecutors have added treachery charges against Col. Dr. Kizza Besigye and Obeid Lutaale Kamulegeya. The duo was initially charged with unlawful possession of ammunition and firearms.

The amended charges now include Captain Denis Ola, a serving officer in the Uganda People’s Defence Forces (UPDF) attached to the Armored Brigade, who appeared in court in military uniform alongside the accused. The Prosecution, led by Col. Raphael Mugisha, informed the court that investigations had revealed Captain Ola’s involvement in the alleged offenses.

They argued that the amendment was necessary to reflect these findings. The defense, however, led by Kenyan lawyer Martha Karua, objected, claiming the move was an attempt to justify trying civilians in the military court and to address the illegality of the original charges.

The Court Martial Chairperson, Brigadier Robert Freeman Mugabe, adjourned the session for a ten-minute break to deliberate on whether the amendment could proceed at this stage, noting that a ruling on the court’s jurisdiction remains pending. The defense reiterated their challenge, arguing that the Court Martial lacks authority to try civilians, particularly for offenses alleged to have occurred outside Uganda’s jurisdiction.

Besigye and Lutaale have not yet taken a plea on the treachery charges. Defense lawyers have raised concerns over delays in obtaining a practicing certificate for Karua, written instructions for representation, and the recent jailing of Eron Kiiza, one of the legal team members, for contempt of court. This is not Besigye’s first encounter with the Court Martial.

In 2006, he faced treason, rape, and concealment of treason charges, all of which were later dismissed. Over the years, he has been charged in multiple cases across various courts, though no convictions have been secured. Besigye maintains that his legal battles are politically motivated, labeling them persecution rather than prosecution.

*****

URN