Former Kenya Cabinet Secretary for Justice Martha Karua has raised concern over what she describes as interference with the defence team’s preparation in the treason case against Ugandan opposition leader Dr. Kizza Besigye.
In a statement issued on Wednesday, June 10, following a visit to Luzira Prison, Karua said she and members of Besigye’s legal team were denied access to electronic devices they needed to review prosecution evidence, despite what she termed as a valid court order allowing such facilities.
“Today at Luzira Prison, I and members of Dr. Kizza Besigye's legal team were denied access of electronic devices needed to review evidence, despite a court order permitting the facilities necessary to prepare his defence,” she said.
Karua noted that although the legal team was allowed to meet Dr. Besigye and co-accused Hajj Obeid Lutale, they were unable to proceed with the core objective of their visit, which was to examine and analyse evidence presented by the prosecution.
According to her, the denial of access to necessary tools undermines the fairness of the trial process, particularly in a case of such gravity involving allegations of treason.
She stressed that effective legal representation depends not only on courtroom appearances but also on adequate time, access, and resources to scrutinise evidence.
“A fair trial depends on more than court appearance, it requires that lawyers have the time, access, and tools needed to properly examine evidence and represent their clients,” she stated.
Karua further warned that disregarding court orders risks weakening the rule of law, arguing that compliance with judicial directions is fundamental to maintaining justice systems.
“When court orders are disregarded, the rule of law itself is put to the test,” she added.
She also framed the issue within a broader regional context, saying the development reflects challenges faced across East Africa in upholding constitutionalism and human rights standards.
“This matters beyond Uganda. Across East Africa, we aspire to build societies founded on justice, accountable governance, and respect for human rights,” Karua said, adding that such aspirations are undermined when due process is compromised.
Karua concluded by emphasising that justice must transcend political interests and national boundaries, insisting that fair trial standards remain central to democratic governance.
“Justice must remain bigger than our politics and borders,” she said, in a statement likely to intensify ongoing debate around Besigye’s prosecution and trial conditions.