The High Court has dismissed an application by jailed opposition politician Dr. Kizza Besigye and Hajji Obeid Lutale, challenging the exclusion of their Kenyan lawyer, Senior Counsel Martha Karua, from Uganda and the detention of their other lawyer, Erias Lukwago.
Justice Simon Peter Kinobe ruled that the two incidents did not deprive Besigye and Lutale of their constitutional right to legal representation or a fair hearing.
Besigye and Lutale had argued that Karua’s deportation and Lukwago’s detention had interfered with their right to be represented by lawyers of their choice in the ongoing treason case.
Karua was stopped at Entebbe International Airport on June 22, 2026, declared a prohibited immigrant and deported from Uganda and Lukwago’s arrest and remand in Luzira Prison on charges of misprision of treason prevented him from participating in their defence.
However Justice Kinobe said Dr Besigye and Lutale failed to show that the absence of the two lawyers had substantially affected their ability to receive effective legal representation.
The judge noted that Besigye and Lutale were still represented by about 13 law firms with more than 50 lawyers.
On Karua, Justice Kinobe declined to rule on whether immigration authorities acted lawfully in stopping her from entering Uganda.
He said such a decision should be challenged through judicial review and not through the constitutional application filed by Besigye and Lutale.
The judge also said Karua could participate remotely if the trial court allowed it, noting that Uganda’s rules provide for virtual court proceedings.
On Lukwago, Justice Kinobe said his detention did not automatically amount to a violation of Besigye and Lutale’s right to legal representation.
The judge also said lawyers do not have immunity from criminal law simply because they are representing people in ongoing court cases.
Besigye, Lutale and Captain Denis Oola are expected back before High Court Judge Emmanuel Baguma on August 18, 2026, when court is expected to consider a medical report on whether Besigye is fit to stand trial.
