The Buganda Road Chief Magistrates Court has temporarily halted the criminal trial of opposition politician Dr. Kizza Besigye and his co-accused, Samuel Lubega Mukaaku, on charges of inciting violence.
The decision follows concerns over Besigye’s deteriorating health, which has rendered him unable to stand trial.
Senior Principal Grade One Magistrate Winnie Nankya Jatiko on Thursday granted a 60-day suspension to allow Besigye to receive medical treatment.
“I have decided to halt the trial for 60 days, with the hope that Besigye will have received the necessary treatment and recovered sufficiently to resume proceedings,” Nankya ruled.
Despite this, the court rejected Besigye’s request to be released for medical care at a hospital of his choice, noting that a similar application was already before the High Court Civil Division.
“The High Court’s decision prevails due to its unlimited jurisdiction,” Nankya stated.
Besigye’s legal team, led by Elias Lukwago and Ernest Kalibala, argued that his continued detention violated his fundamental rights, citing his expired remand warrant from the General Court Martial and his denied access to medical care.
They also pointed to remarks allegedly made by Chief of Defense Forces Muhoozi Kainerugaba, suggesting Besigye would only be released on Heroes’ Day for execution.
However, Prosecutor Allan Mucunguzi countered that Besigye’s bail did not warrant a halt in proceedings, arguing that he remained legally in prison due to pending charges in the General Court Martial.
“The Supreme Court’s ruling on the transfer of cases from the Court Martial to civilian courts does not imply that anyone facing charges in military courts should be released,” Mucunguzi stated.
While the trial remains on hold, Besigye’s legal team continues to push for his release, challenging his detention in the High Court. Judge Dr. Douglas Singiza is set to rule on the matter.
