Besigye Defense Team Challenges Addition of Soldier to Case

Besigye Defense Team Opposes Amendment to Include Soldier in Case
The defense team representing Dr. Kizza Besigye and Hajj Obeid Lutale has raised objections in the ongoing trial at the General Court Martial, where military prosecutors are seeking to amend the charge sheet to include a soldier. The prosecution, led by Colonel Raphael Mugisha, requested that the charge sheet be amended to add Captain Denis, a member of the Armoured Brigade, to the case.

Colonel Mugisha argued that justice required the amendment, citing Regulation 66, which allows for modifications to the charge sheet when facts reveal additional individuals involved in the offense. He noted that the new addition would include a charge of treachery for the newly identified soldier.

Besigye and Lutale were abducted in Nairobi, Kenya, on November 16 of the previous year, and subsequently charged by the court martial with offenses related to national security and the illegal possession of firearms, which the prosecution claims belong to the armed forces.

However, the defense team, led by Kenyan lawyer Martha Karua, has consistently challenged the court’s jurisdiction, questioning the legality of the proceedings. On Monday, Karua objected to the amendment, specifically the inclusion of Captain Denis. She argued that the amendment was an attempt to influence the court’s ruling on the jurisdiction matter.

“The amendment is an effort to pre-empt the ruling on jurisdiction,” Karua stated.

Brigadier-General Freeman Mugabe, who chairs the court martial, acknowledged the objection and adjourned the session to deliberate on the matter. A decision on the objection is expected to follow.

Monday’s proceedings in Makindye were marked by a noticeable decrease in military presence and a more relaxed atmosphere compared to previous sessions. Civilian access to the court was less restricted, and there were fewer security personnel visible, in contrast to the heightened tension in past hearings.

Last week, defense lawyer Eron Kiiza was arrested and sentenced to nine months in prison without a trial after clashes with Judge Advocate Brigadier Richard Tukacungurwa. The defense team intends to appeal Kiiza’s sentence as Besigye continues to challenge the court’s decisions.