Dr. Kizza Besigye and his co-accused, Hajj Obeid Lutale Kamulegeya, have been further remanded to Luzira Prison. This decision was made by the General Court Martial in Makindye, which has been hearing their case. The court martial chairman Mugabe freeman decided to further remand the tow accused parsons until January 7,2025 after the defence lawyers prayer.
Besigye and Kamulegeya are facing charges related to the unlawful possession of firearms and ammunition in Kenya. The prosecution alleges that they held meetings in Geneva, Athens, and Nairobi, aiming to solicit logistical support and identify military targets in Uganda.
The court has adjourned the case until December 10, 2024, to allow Besigye’s lawyers to process the practicing certificate of Kenyan lawyer Martha Karua, who has been appointed to lead the defense team.
A dramatic turn of events unfolded at the General Court Martial in Makindye as the legal team representing Dr. Kizza Besigye and Hajj Obeid Lutale Kamulegeya informed the court that their team was not fully constituted, as instructed by their client. This revelation came despite an impressive show of force, with over 40 lawyers appearing in court to defend the duo, led by the esteemed Kenyan senior lawyer, Martha Karua.
Martha Karua, a renowned Kenyan lawyer and former Justice Minister, has been denied a temporary practicing license by the Uganda Law Council. This decision prevents her from representing Dr. Kizza Besigye, a Ugandan opposition leader, in his case before the General Court Martial.
The Uganda Law Council cited several reasons for rejecting Karua’s application, including incomplete documentation, concerns about her conduct, and the political undertones of the case. The Council also questioned Karua’s use of a Kampala Capital City Authority email for correspondence, deeming it inconsistent with professional ethics.
Karua had applied for a temporary practicing certificate under Section 13 of Uganda’s Advocates Act, but the Law Council’s decision has sparked controversy. The Law Society of Kenya has condemned the move, terming it “derogatory, contemptuous, and high-handed”.
Despite this setback, Karua remains committed to defending Besigye and has vowed to explore all legal options to secure justice for her clients. Lord mayor Erias Lukwago and other Ugandan lawyers denied the refusal of Uganda law counsel to give Karua a certificate to practice his profession in Uganda.
The main issue in Dr. Kizza Besigye’s case is the question of jurisdiction. His defense lawyers argue that the court, which they describe as a military tribunal, doesn’t have the authority to try Besigye and his co-accused, Hajj Obeid Lutale Kamulegeya, as they are civilians.
This is a critical point, as the Ugandan Constitution and laws dictate that military courts only have jurisdiction over military personnel, not civilians. Erias Lukwago, a lawyer representing Dr. Besigye, has emphasized that military courts are essentially disciplinary committees and lack the legitimacy to try civilians.
The opposition leaders in Uganda have also condemned the trial, calling it an illegal and politically motivated act aimed at silencing government critics. They’re demanding the unconditional release of Dr. Besigye and Hajj Lutale, as well as the dropping of all charges against them.
Maj General Mugisha Muntu, a renowned Ugandan politician and retired military officer, stood in solidarity with Dr. Kizza Besigye and Hajj Obed Lutale Kamulegeya at the Makyindye military court martial. He was joined by other prominent opposition figures, including the Member of Parliament representing Masaka Mukungwe constituency and Parliament Commissioner Marthus Mpuuga, as well as Lubega Samuel Mukaku.
This show of solidarity underscores the opposition’s commitment to supporting Besigye and Kamulegeya, who are facing charges in the military court. As a former Commander of the Uganda People’s Defence Forces (UPDF), Maj General Muntu’s presence carries significant weight.
Muntu’s own political journey is marked by his tenure as President of the Forum for Democratic Change (FDC) and his current role as President of the Alliance for National Transformation (ANT).
