A legal dispute is unfolding in Uganda after fresh claims that prosecutors are seeking to proceed with the trial of opposition leader Dr Kizza Besigye in his absence, as he remains admitted in the intensive care unit at Mulago National Referral Hospital.
Journalist Ronald Muhinda has alleged that Assistant Director of Public Prosecutions Thomas Jatiko filed an undisclosed application in court following Besigye’s failure to appear, citing his critical health condition.
According to Muhinda, the application seeks orders from High Court judge Emmanuel Baguma to allow the trial to continue in absentia.
“I can reveal the application is to seek Mr. Emmanuel Baguma’s orders to try Besigye in absentia,” Muhinda said, adding a new dimension to an already contentious case.
The reported move has raised questions about consistency in the court’s earlier rulings.
At a previous stage, Besigye had requested to be tried in absentia, but the court declined and directed that he must be physically present during proceedings. The latest development now suggests a possible reversal of that position.
“Besigye asked to be tried in absentia, Baguma ordered him to stay in court. Now he wants to change his order,” Muhinda stated.
The issue has triggered debate among legal observers, with attention shifting to the constitutional and procedural implications of trying an accused person in their absence.
While Ugandan law provides limited circumstances under which such trials may proceed, legal analysts note that courts are required to ensure that the rights of the accused are not compromised.
Muhinda also questioned the court’s interpretation of constitutional obligations, arguing that the apparent shift could point to inconsistencies in judicial reasoning.
“Does it explain that Baguma has a limited or zero understanding of the dictates of the Constitution he swore to protect and defend?” he posed.