Buganda Road Chief Magistrates’ Court has stayed proceedings for 60 days in the incitement to violence case against opposition strongman Dr. Kizza Besigye and his co-accused Samuel Mukaku.
The decision, delivered on Thursday by Magistrate Winnie Nankya, came in light of Dr. Besigye’s deteriorating health, rendering him unfit to stand trial at the moment.
Dr. Besigye, however, was notably absent from court, prompting concerns from his legal team and political allies. His bail was extended, but the ruling, which had been set for Thursday, has now been put on hold.
Speaking to journalists outside Buganda Road Court, Dr. Besigye’s legal team, led by Kampala Lord Mayor Erias Lukwago, criticized the handling of the case, arguing that the court had failed to offer any meaningful intervention regarding his health status.
“Dr. Kizza Besigye was granted bail in this particular matter on the 1st of July 2022 and has since been exercising his right to liberty. Secondly, the human rights violations raised were not committed within this court’s jurisdiction. We have also pointed out that an application with a similar effect is currently before the High Court,” Lukwago stated.
Lukwago further pointed out the legal implications of the High Court’s involvement, stressing that it takes precedence over the Chief Magistrate’s Court.
“A decision by this court on prayers made has the effect of creating conflicting rulings, which curtails judicial efficiency. The application made by the defense in this court was, therefore, dismissed, having been improperly placed before this court,” Lukwago elaborated.
Despite dismissing the defense’s application, the court invoked its inherent powers under Section 98 of the Judicature Act to stay proceedings in Criminal Case No. 624 of 2022. Magistrate Nankya reasoned that the decision was necessary to allow the High Court to determine the human rights issues raised and to give Dr. Besigye time to recover.
“The court recognizes that Dr. Kizza Besigye, given his current health condition, is unstable and therefore unfit to stand trial at this moment. A stay of these proceedings is the most logical remedy to allow him to restore his health to normalcy,” she ruled.
The magistrate further ordered that criminal summons would be issued when Besigye is deemed fit to stand trial and a new hearing date will be set accordingly. In the meantime, his bail remains extended.
However, Lukwago expressed deep dissatisfaction with the ruling, describing it as paradoxical and lacking in substantive relief for his client.
“This ruling is contradictory. On one hand, the magistrate acknowledges that Dr. Besigye is in a dire state of health and cannot stand trial, yet she makes no orders for his medical intervention. The logical next step after such recognition should be to direct that he be taken to a well-equipped facility for proper treatment. Instead, she simply stays the proceedings for 60 days and extends his bail, bail that he cannot enjoy because he remains under state control,” Lukwago argued.
He also criticized the court’s failure to address the prison authorities’ failure to produce Besigye in court, despite a prior order compelling them to do so.
“The last time we appeared here, the order was very clear: Prisons authorities were commanded to produce Dr. Besigye today, the 20th of February. We show up in court, and he is nowhere to be seen. When the question was put to a prison warder, they simply said, ‘No, he is not here.’ The magistrate did not even inquire why her own order had been flouted. She just said she would try to find out later. That is shocking!” Lukwago remarked.
Beyond the legal arguments, Lukwago and Besigye’s supporters decried what they perceive as a broader political scheme aimed at suppressing opposition figures.
“We are dealing with a judiciary and government institutions that are no longer independent. The orders of General Museveni are everywhere, evaporating into all corners of the state. Now, even in Parliament, a caucus has been summoned to discuss amending laws that could impact this case. It is clear that all agencies and institutions of government are just waiting for marching orders from one man,” he asserted.
Lukwago vowed that Besigye’s legal team would not relent, revealing that they would be returning to the High Court to seek further intervention.
“We are not giving up. Yesterday, the High Court asked us to write today requesting a date for the ruling. We will be knocking on Justice Singiza’s door, asking when the ruling will be delivered.
He indicated that it would not be beyond the 25th of February.
