By Our Reporter
NATIONAL
The High Court in Kampala has ruled that jailed opposition politician, Dr Kizza Besigye could have received legal assistance from Kenyan Senior Counsel, Martha Karua remotely, despite Uganda’s decision to bar her from entering the country.
Justice Simon Peter Kinobe said Uganda’s rules on electronic filing and virtual court proceedings allow lawyers and other participants to take part in proceedings remotely where the court permits it.
The judge said Besigye’s lawyers could have asked the trial court to allow Ms Karua to participate virtually in his treason case.
“The court may, on its own motion, or on application by a party, allow proceedings to be conducted virtually,” Justice Kinobe said in a ruling delivered on Tuesday.
He said the rules show that physical presence in Uganda is not always necessary for participation in judicial proceedings.
The ruling follows a dispute over Besigye’s preferred legal representation, which has contributed to delays in the start of his trial.
Ms Karua was denied entry into Uganda at Entebbe International Airport on June 22 and declared persona non grata by the government. She had travelled to Kampala to join the defence team representing Besigye and former Kampala Lord Mayor Erias Lukwago.
Besigye subsequently objected to state-appointed lawyers, insisting on lawyers of his choice, including Ms Karua and Mr Lukwago.
The dispute escalated on July 29 when Besigye collapsed in the court dock after protesting against the state-appointed lawyers for nearly 30 minutes. He was taken to Mulago National Referral Hospital for treatment.
In Tuesday’s ruling, Justice Kinobe said there was no evidence that the government’s decision to keep Ms Karua out of Uganda prevented her from advising Besigye or taking part in his defence through lawful means.
“The evidence further does not establish that Hon. Martha Karua, SC, was thereby precluded from advising the Applicants, preparing pleadings, settling legal strategy, consulting with advocates on record or otherwise participating in the Applicants’ defence through lawful means,” the judge said.
However, Justice Kinobe stressed that virtual proceedings do not remove an accused person’s constitutional right to legal representation of their choice.
Instead, he said, remote participation can be used where appropriate to facilitate effective legal representation.
The judge’s decision was based on Rule 32 of the Judicature (Electronic Filing, Service and Virtual Proceedings) Rules, 2025, which provides for the use of video conferencing and other virtual court platforms.
Besigye’s treason case is due to resume next Tuesday before Justice Emmanuel Baguma. Prison authorities are expected to submit a medical report on his condition and whether he is fit to stand trial.
Prosecutors accuse Besigye, Hajj Obeid Lutale and Captain Denis Oola of participating in meetings in Uganda and abroad between 2023 and 2024 as part of an alleged plan to overthrow the government. The accused have denied the allegations.
