By Weswa Ronnie
NATIONAL
The Uganda Prisons Service has today Wednesday, January 21, 2026 failed to produce opposition veteran, Dr. Kizza Besigye and his co-accused before the High Court, a move that comes just twenty-four hours after authorities reportedly disputed claims that the politician was unwell.
The failure to produce the accused led to a heated legal standoff, with the prosecution requesting a virtual hearing while the defense raised alarms over Besigye’s deteriorating health and the legality of proceeding via Zoom
The session began with a surprising admission from the State. Assistant Director of Public Prosecutions, Thomas Jatiko, informed the court that the prosecution was in the dark regarding the absence of both the prisoners and the prison authorities.
“My Lord, we are not aware why the accused persons are not in court and why the prisons authority is also not here,” Jatiko stated.
However, Justice Emmanuel Baguma revealed he had received a formal request from the Deputy Registrar of the Criminal Division, asking for the matter to be heard via Zoom because prisons were “unable to produce the accused persons” due to health concerns.
Led by Erias Lukwago, the defense team vehemently opposed the transition to a virtual court, arguing that the request was a veil to hide the gravity of Besigye’s condition.
“It is true Dr. Besigye is seriously sick,” Lukwago told the court. “We have made attempts to secure his facilitation to better facilities, but all in vain. His spouse has been making attempts to have him transferred out of Luzira without success.”
Lukwago questioned why the other two accused persons, who are reportedly healthy, were also not produced. “By the fact that Dr. Besigye cannot make it here, it is self-evident that he cannot stand trial. If he cannot be brought to court, how can he stand trial?”
Counsel Bayan Turinawe also representing the accused, provided a chilling account of a failed visit to Luzira Prison yesterday.
“I made efforts to meet the accused to sign affidavits, but I failed. They told me Besigye was unable to move from his cell to the conference room. That conference room acts as the virtual court; if he could not reach it yesterday, the State’s request means they want the virtual court moved into his prison cell.”
Defense counsel Fredrick Mpanga reminded the court of Article 28(5), noting that a trial cannot proceed in the absence of the accused without their express consent. “The letter does not state the kind of illness whether he can’t see, stand, or is in his proper faculty,” Mpanga argued.
In response, the prosecution maintained that the Zoom link was necessary precisely to verify Besigye’s condition. Citing the Judicature (Audio-Visual Links) Rules of 2026, he argued that health conditions are a valid ground for virtual proceedings. “Our argument is not to proceed [with the trial], but to look at him and confirm he is not in proper health,” he said.
Presiding Judge Emmanuel Baguma declined to force a virtual hearing or grant an immediate transfer to a private medical facility.
“It’s not in dispute that Besigye has health concerns,” the Judge ruled. “All parties seem to agree that we can’t proceed without the accused persons. Even if two were here, we could not proceed without the third who is reported sick.”
The Judge issued the following directives:
Adjournment: The case is adjourned for three weeks to allow the accused’s health to stabilize.
Medical Care: Regarding the request for specialized treatment, Justice Baguma ruled that Besigye should “first be managed in prison,” noting there was currently no proof provided to the court that prison medical staff cannot manage the condition.
The court is expected to reconvene next month 24th February at which point the prison authorities will be required to produce the accused physically or provide a detailed medical report.
