The High Court has ordered the Commissioner General of Prisons, Dr Johnson Byabashaija, to work with Mulago National Referral Hospital to produce a medical report on detained opposition politician Dr Kizza Besigye.
The report is expected to show whether Besigye is medically fit to stand trial in his ongoing treason case.
Justice Emmanuel Baguma issued the directive after being informed that Besigye was absent from court because he is admitted at Mulago Hospital, where he is reportedly bedridden.
The judge said the medical findings will guide the court on whether the trial can proceed. The case was adjourned to August 18, 2026, when the report is expected.
Court heard that the hearing had started with the prosecution ready to proceed and a state witness already in the dock. However, Assistant Director of Public Prosecutions Thomas Jatiko informed court that Besigye was not present.
Prison officer ASP Trevor Alenyo told the court that Besigye is currently hospitalised and that a letter confirming his admission had been submitted.
The defence objected to continuing with the hearing in Besigye’s absence. Lawyer Sylvia Namawejje Ebitu argued that an accused person has a constitutional right to attend their trial and asked court to first confirm his medical condition.
The prosecution agreed that the accused’s presence is important, although it maintained that the right is not absolute.
During the session, co-accused Hajj Obeid Lutale also raised concerns about lack of legal representation, saying their legal team had been disrupted. He told court that their lead lawyer had been deported, while other lawyers were unavailable.
Another co-accused, Captain Denis Oola, informed court that he had instructed his lawyers to work with state-appointed counsel despite their absence in court.
In his ruling, Justice Baguma emphasized that all parties agreed on the importance of Besigye’s presence during trial. He then directed prison authorities to obtain a detailed medical report from Mulago Hospital.
Besigye, Lutale and Oola are facing treason charges. The prosecution alleges that they plotted to overthrow the government through meetings held in different countries and by seeking funding, weapons and military support.
The State says it will rely on witnesses, recordings and other evidence to prove its case.
