Drama in Kampala as Karua, defence lawyers locked out of Besigye’s court session

Wife of Ugandan opposition leader Kizza Besigye, Winnie Byanyima, has criticised the handling of her husband’s court proceedings, lamenting the barring of senior Kenyan lawyer and Narc Kenya leader Martha Karua, alongside over 20 other legal representatives, from entering the courtroom during the General Court Martial session in Kampala.

According to Byanyima, Karua, who travelled to Uganda on Sunday in anticipation of leading Besigye’s defence team, faced restrictions upon arrival at the court on Monday.

The group of barred lawyers included prominent Ugandan advocate Erias Lukwago, who had been representing Besigye in previous cases.

Byanyima took to her X account on Monday, highlighting the treatment of Karua and other lawyers at the military court.

She revealed that Karua had her handbag confiscated by the army at the court’s main gate and only retrieved it after prolonged negotiations and consultations with senior commanders.

“Senior Counsel Martha Karua had her handbag confiscated by the army at the main gate. It took long negotiations and phone consultations with senior commanders for the handbag to be returned. Now more than 20 lawyers, including Karua and Lukwago, are locked out of the courtroom. We can’t start without the lawyers for the accused! Surely, is this a court?” she posed.

She further expressed dismay over alleged attempts to undermine the defence team.

“We begin at the military court with injustice. The lead lawyer for Kizza Besigye, Martha Karua, is not granted a practising certificate by the Law Council. They are at a retreat on Entebbe beach! A man charged with capital offences can’t have his defence team,” she said.

Lead Counsel Martha Karua, her legal team and Dr Kizza Besigye ouside the courtroom during the General Court Martial session in Kampala. (Photo: X/Winnie Byanyima)

She noted that the prosecution reportedly sought to limit Besigye’s legal representatives to five lawyers despite Besigye and his political associate Hajj Obeid Lutale appointing over 50 lawyers from Kenya and Uganda.

Byanyima argued that this restriction violates the accused’s constitutional right to choose their defence team.

Karua, who had applied for a temporary practising certificate from the Uganda Law Council, was set to lead the expansive team of lawyers in defending Besigye and Lutale.

She acknowledged her role in a letter last week, stating, “I have been instructed by Lukwago and Company Advocates to join them as lead counsel in the proceedings...which I have accepted.”

However, the Council has yet to approve her application, raising concerns about her capacity to participate in the case.

Lukwago, who recently stepped down as lead counsel, emphasised the significance of the legal team’s composition.

Lead counsel Martha Karua with other Forum for Democratic Change Party leaders at the General Court Martial in Uganda ahead of Dr Kizza Besigye’s bail hearing on December 2, 2024. (Photo: Nicholas Bamulanzeki)

“The decision we have taken is to assemble a very big team of lawyers from Kenya and Uganda. So far, 50 lawyers have committed to being with us and are ready to take on the State. The head of this team is Martha Karua...I am no longer the lead counsel in this matter,” he said.

The charges against Besigye and Lutale stem from allegations of unlawful possession of eight rounds of pistol ammunition, claimed to be the exclusive reserve of the Uganda Peoples’ Defence Forces (UPDF).

They face counts of security-related offences under the UPDF Act and unlawful possession of ammunition under the Firearms Act.

The State has alleged that the offences were committed not only in Nairobi but also in Athens, Greece, and Geneva, Switzerland, between October 2023 and November 2024.

The proceedings follow Besigye’s recent abduction in Nairobi, just before he was scheduled to attend Karua’s book launch. He was transported covertly to Uganda, where he reappeared in custody to face the charges.