A renewed debate has emerged over the delayed trial of opposition figure Dr Kizza Besigye following recent remarks by President Yoweri Kaguta Museveni.
The President’s claims have prompted legal responses questioning the handling of the case and the broader adherence to fair trial standards within Uganda’s justice system.
In his statement, President Museveni claimed that Besigye had “refused trial and misused the legal system” since his arrest.
The assertion has since drawn a firm response from lawyer Jude Byamukama, who argues that the issue at hand is not avoidance of trial, but the failure to guarantee a fair judicial process.
Byamukama raised concerns over the conduct of the prosecution, pointing to a recent application by the State seeking to conceal the identities of witnesses ahead of trial.
He questioned the timing of the move, noting that the case has been in court for close to two years.
“The State, as recent as last month, had an application in court seeking to hide identity of witnesses prior to commencement of trial. Why didn’t the State make this application two years ago?” he posed.
He further dismissed claims that accused persons typically seek to avoid trial, stating that the core demand is fairness.
According to him, Besigye’s consistent position has been anchored on the right to a fair trial, not an attempt to delay justice.
“No accused person wants any trial. Accused persons want a fair trial,” Byamukama stated, adding that this fundamental right has been at the center of Besigye’s concerns since his arrest.
The lawyer also turned his focus to state institutions, questioning why the President has not directed the military, the Directorate of Public Prosecutions (DPP), and the Judiciary to uphold legal standards in the case.
“Why doesn’t the President ask the military, DPP and Judiciary to stop violating Dr Besigye’s right to a fair trial?” he asked.
A key issue raised is the denial of bail. Byamukama argued that the trial judge has failed to apply clear legal provisions that would allow Besigye temporary release, raising doubts about the court’s impartiality.
“If the Judge cannot follow the law on such a simple matter, can he afford a fair trial on the weightier matter of criminal culpability? Absolutely No!” he asserted.