The General Court Martial has declared that it has the jurisdiction to try crimes committed outside Uganda and thus ordered Rtd Col Dr Kizza Besigye to take a plea on an amended charge sheet that introduced charges of treachery.
However, Besigye and his co-accused still refused to take a plea – insisting that as civilians they can’t be subjected to martial law. The court nevertheless entered the plea of ‘not guilty’ and adjourned the case to February 3.
Yesterday Monday, prosecutors amended charges against Besigye, his co-accused Obeid Lutale Kamulegeya, and added a new suspect, Capt Denis Oula, a serving UPDF officer attached to the armoured brigade.
The court heard that between February 2023 and November 2024, Besigye, Oula, and Lutale allegedly held meetings in Geneva, Athens, Nairobi, and various locations in Uganda. The meetings were reportedly aimed at soliciting logistical support and identifying military targets with the intent to undermine the security of the Uganda People’s Defense Forces (UPDF).
When the charges were read, General Court Martial chairperson Brig Robert Freeman Mugabe asked the accused to plead. Besigye, the prime suspect, declined to respond, stating that his lawyers would raise objections. Besigye’s lawyer, Erias Lukwago, challenged the territorial jurisdiction of the Court Martial to try offences committed outside Uganda.
He argued that the alleged crimes were outside the UPDF’s jurisdiction and questioned the legality of the accused’s return to Uganda without formal extradition or deportation orders. Lukwago also noted that the process violated international and national laws, asserting that trying such cases requires proving the accused as fugitive criminals or following proper extradition procedures.
Martha Karua, part of the defense team, questioned how the UPDF could claim jurisdiction over crimes involving arms outside Uganda, further arguing that Nairobi is beyond the UPDF’s territorial reach. Prosecutors led by Col Raphael Mugisha countered that Besigye and Lutale were lawfully returned to Uganda under a security memorandum of understanding between Kenya and Uganda. They argued that no legal processes were breached.
In his ruling today Brig Mugabe stated that the UPDF Act grants the Court Martial jurisdiction over offences committed both in Uganda and abroad. He dismissed the objections, ruling that the accused must take a plea. Mugabe clarified that Besigye and Lutale’s transfer from Kenya to Uganda did not breach any extradition agreements, emphasizing the memorandum of understanding between the two countries.
Following the ruling, Besigye’s lawyers Lukwago and Ernest Kalibala submitted that the case should be referred to the Constitutional court to interpret the law regarding the Court Martial’s jurisdiction over civilian offences and its impartiality.
The lawyers argued that allowing the Court Martial to proceed risks overstepping its mandate, as the UPDF would effectively act as judge, prosecutor, and investigator in a case involving its forces.
They also criticized the lack of specificity in the charges brought against Besigye and Lutale. Besigye has faced multiple legal battles, including charges of treason, rape, and concealment of treason in 2006, which were eventually dismissed.
He has since faced numerous charges but has never been convicted. Besigye has consistently described these actions as political persecution rather than genuine prosecution. The case has been adjourned to
It was just that they were in the process of registering a new political party so inorder to stop them they have to devise a mean.