Opposition politician Dr. Kizza Besigye and co-accused Hajj Obeid Lutale have accused the High Court Criminal Division of violating their constitutional right to a fair hearing and legal representation of their choice in ongoing criminal and human rights proceedings.
In a detailed letter dated 1 July 2026, addressed to High Court Judge Emmanuel Baguma through the Officer in Charge of Luzira Government Prison (Upper), the duo challenged court directions issued in Criminal Session Case No. 335 of 2025 and related applications.
“We are two of the accused in the Criminal Session Case No. 335 of 2025 and also the Applicants in MA No. 213/2025 and MA No. 227/2026,” the letter reads.
The two argue that recent directions on their bail application (MA No. 213/2025) amount to what they describe as an accelerated process that limits their ability to respond while in custody.
They further said concerns raised during court proceedings regarding legal representation were not adequately addressed.
“Your directions simply ignored the concerns as if they had not been raised, or as if they had no significance to our rights,” they wrote.
The accused insisted that their rights are constitutional and inherent, not granted by the state.
“At the outset we want to reiterate to you that our human rights are inherent and are not granted by the State,” the letter states, adding that courts are equally bound to uphold those rights.
They also stressed the seriousness of the charges, noting they face a possible death sentence.
“As the accused persons facing a possible death sentence in your Court, it is our lives that are at stake,” they stated.
On the bail application, the duo said MA No. 213/2025 was filed on 20 May 2026 and assigned to the judge the following day.
They referenced earlier rulings in which bail was denied, including findings they dispute regarding the sufficiency of evidence on their custody since 20 November 2024.
“You made these observations despite the fact that annexures to our affidavits in support and rejoinder as well as information from the State itself agreed on the date, place and charges leading to our incarceration on 20th November 2024,” they said.
The pair also objected to what they described as strict timelines set for the hearing, with responses due on 1 July, rejoinder on 2 July, and hearing scheduled for 3 July 2026.
They described the process as a “supersonic hearing,” questioning whether such timelines allow adequate preparation time while in custody.
“Do you actually believe that the various actions you have set in motion can fairly be concluded in 3 days while we are in prison?” they asked.
They further cited the Constitution (Bail Guidelines for Courts of Judicature) (Practice) Directions, 2022, arguing that bail applications should be handled within 30 days, and questioned why their application had taken longer than required timelines.
The duo also raised concerns over limited access to legal counsel, saying detention has made compliance with court directions difficult.
In a separate application (MA No. 227/2026), filed under the Human Rights Enforcement Act and the Prevention and Prohibition of Torture Act, Besigye and Lutale alleged violations of fair trial rights and cited public statements attributed to Chief of Defence Forces Gen. Muhoozi Kainerugaba.
They said the remarks amounted to “continuous forms of psychological torture and public humiliation, labelling us as traitors that must be hanged or shot dead.”
The pair further cited alleged disruptions to their legal representation, including the alleged abduction of former Kampala Lord Mayor Erias Lukwago and the deportation of Kenyan Senior Counsel Martha Karua, whom they said leads their defence team.
“The matters above have unfolded to show that the State intends to ensure that we have no legal representation of our choice,” they stated.
They also raised procedural concerns over service of court documents and inability to cross-examine witnesses whose affidavits have been filed.
Besigye and Lutale are seeking at least three weeks to prepare for the bail application and have requested access to the full typed court record.
Their letter was copied to the Principal Judge of the High Court and the President of the Uganda Law Society.
