Law
DPP Attempts Secret Amendment to Charges Against Besigye, And Co-Accused
A dramatic turn unfolded today at the Nakawa Chief Magistrate’s Court as the Office of the Director of Public Prosecutions (DPP) attempted to secretly amend treason charges against prominent opposition politician Dr. Kizza Besigye, Obeid Lutale, and Captain Denis Oola.
The move, characterised as an “ambush” by the defence, sparked a heated exchange in court.
Chief State Attorney Richard Birivumbuka subtly presented a folded and upside-down charge sheet, ostensibly to conceal its contents from the public gallery.
This attempt to formally introduce the amendment was, however, thwarted by Grade One Magistrate Jonathan Tiyo, who was standing in for Chief Magistrate Esther Nyadoi. Magistrate Tiyo stated he had strict instructions to only adjourn the matter and not entertain new filings.
Consequently, Birivumbuka retrieved the charge sheet, shielding it from view, and indicated he would await the next session when the presiding magistrate could handle the matter.
Sources within the DPP’s office, who spoke anonymously due to not being authorised to speak to the media, indicated that the proposed amendment primarily aimed to correct grammatical and typographical errors in the existing charge sheet. They maintained that no new charges or modifications to the particulars of the treason and misprision of treason allegations were being introduced.
Despite this explanation, Dr. Besigye’s legal team, led by Eron Kiiza and Kenya’s Senior Counsel Martha Karua, strongly objected to the process, citing a lack of prior service of the amended charge sheet. Captain Denis Oola is represented by Captain Simon Nsubuga Busagwa.
Magistrate Tiyo reiterated that the court’s sole purpose for the day was to adjourn, emphasising that all substantive issues would be addressed by Chief Magistrate Nyadoi, who was reportedly attending a meeting with the Chief Registrar of the Judiciary.
Defence lawyer Erias Lukwago vehemently protested what he termed the “unlawful detention” of the accused beyond the mandatory six-month pretrial period without bail. He called for their immediate release and demanded transparency regarding the absence of the trial magistrate. Lukwago also reminded the court of a pending, unresolved application for the enforcement of the accused persons’ rights.
Following the session, lawyer David Mpanga successfully requested access for the defence team and relatives to interact with the accused. The court granted the application, directing the public and security personnel to vacate the courtroom to allow for a private meeting under the supervision of prison officers.
The matter has been adjourned to May 29, 2025, for further mention.
Dr. Besigye and Lutale filed a second bail application on April 22, 2025, following the High Court’s dismissal of their initial request on April 11, 2025. Justice Rosette Kania had rejected their first bail bid, citing the seriousness of the charges and a perceived risk of interference with investigations. In their fresh application, the accused emphasised their fixed residences – Besigye in Kasangati and Lutale in Ssabagabo and pledged to comply with any bail conditions.
The trio, including Captain Oola, has now spent over 180 days in custody. They face allegations of seeking arms, funding, and logistical support in Geneva, Athens, Nairobi, and Kampala to overthrow the Ugandan government.
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