Politics 23 April 2026 Daily Monitor (Uganda)
Besigye Treason Trial: Lawyers and Prosecution Battle Over Witness Concealment Legality
In Col Dr Kizza Besigye's treason trial, defence lawyers clashed with Chief State Attorney Joseph Kyomuhendo during cross-examination, questioning the lack of statutory basis for hiding prosecution witnesses. The prosecution defended the move as necessary for safety, but the defence called it legally unfounded and prejudicial to a fair trial. Source: https://www.monitor.co.ug/uganda/news/national/besigye-lawyers-prosecution-clash-over-legality-of-concealing-witnesses-5434264
Tension rose in Uganda’s High Court on Thursday as lawyers for opposition leader Col Dr Kizza Besigye rigorously cross-examined Chief State Attorney Joseph Kyomuhendo over the prosecution’s bid to conceal witness identities in the ongoing treason case.
Kyomuhendo, from the Director of Public Prosecutions’ Anti-Trafficking Department, defended the application, arguing that Article 28 of the Constitution allows for such protections in the interest of fair hearings. However, under questioning from defence counsel Fredrick Mpanga, he conceded there is no specific statute for witness protection, leaving it to judicial discretion.
Mpanga pressed that without clear legal grounding, the State’s request invites the court to make new law. He challenged Kyomuhendo’s dual role as a witness of fact and law, insisting affidavits must provide standalone evidence.
The defence highlighted the case’s placement in the Criminal Division, not the International Crimes Division which has handled protected witnesses before. They dismissed risks to witnesses as speculative, with no proof of threats despite the accused being in custody.
Kyomuhendo maintained treason cases carry inherent dangers, justifying preemptive action even before court approval. He referenced internal DPP guidelines as policy, but the defence accused the prosecution of acting prematurely.
Besigye and co-accused Lutale and UPDF officer Denis Oola face charges of plotting to overthrow the government from 2023 to November 2024 in locations including Geneva, Athens, Nairobi, and Uganda. The defence argues anonymity would enable a ‘trial by ambush,’ violating fair trial rights.
Justice Emmanuel Baguma adjourned proceedings to May 6 and 10 for continuation.
Source: Daily Monitor (Uganda)