Uganda’s former opposition leader and political turned activist Col. Dr. Warren Kizza Besigye Kifefe is facing new charges of treason and misprision of treason at the Nakawa Chief Magistrates Court.
His legal team’s request for him to be transferred to a hospital for treatment related to his health issues, which arose from a hunger strike, was denied by the court.
Besigye was charged alongside Hajji Obeid Lutale and Captain. Denis Oola, and remanded to Luzira prison until March 7, 2025.
They are accused of plotting to overthrow the current government by seeking arms and financial assistance from several countries, including Switzerland, Greece, Kenya, and Uganda.
The serious nature of these charges could lead to the death penalty if they are convicted, as outlined by Chief Magistrate Esther Nyadoi during the proceedings.
The accused were not permitted to make any statements or pleas, as the case is under the jurisdiction of the High Court. According to the charge sheet, Besigye, Lutale, and Oola, along with others still at large, allegedly conspired between 2023 and November 2024 in various locations, including Geneva, Athens, Nairobi, and Kampala, to forcibly overthrow the Ugandan government through their declarations and actions.
The charge cited particulars of the overt acts including; traveling to various countries including Switzerland, Greece, Kenya for purposes of attending meetings to further the plot to overturn the government of Uganda as by law established; and attending meetings with various individuals both physically and virtually in various places including Geneva in Switzerland, Athens in Greece, Nairobi in Kenya, and Kampala in Uganda furtherance of the plot to overturn the government of Uganda as by law established.
Others particulars include utterances of various individuals during meetings and privately expressing desire and intent to overturn the government of Uganda as by law established; providing logistical support and organizing for several Ugandan citizens to travel to Kisumu, Kenya for the purpose of receiving training in various military and intelligence gathering techniques; and soliciting for military, financial and other logistical support to overturn the government of Uganda as by law established.
What is misprision of treason
Misprision of treason is an offence found in many common law jurisdictions around the world, having been inherited from English law. It is committed by someone who knows a treason is being or is about to be committed but does not report it to a proper authority.
Under Australian law a person is guilty of misprision of treason if he: receives or assists another person who, to his or her knowledge, has committed treason with the intention of allowing him or her to escape punishment or apprehension; or knowing that another person intends to commit treason, does not inform a constable of it within a reasonable time or use other reasonable endeavors to prevent the commission of the offence.
According to the law, the maximum penalty of misprision of treason is life imprisonment.
According to the statement of the offense the trio and others still at large between November 2023 and November 2024, at various places including Geneva in Switzerland, Athens in Greece, Nairobi in Kenya, Kampala in Uganda, knowing that another person intended to commit treason, did not give information thereof with all reasonable dispatch to the minister, an administrative officer, a Magistrate or an officer in charge of a police station or use all reasonable endevours to prevent the commission of the treason, contrary to section 25 of the Penal Code Act, Cap 128,
More time needed
The prosecution, represented by Assistant Director of Public Prosecutions Lino Anguzu, informed the court that investigations are still in progress and that the required committal documents for the High Court have not yet been finalized.
Nyadoi (Magistrate) stated that she did not have the authority to hear the case and called for an adjournment for a future mention. The suspects will remain in custody as they await further legal action in the High Court, where the seriousness of the charges will be addressed.
Their trial was transferred from the General Court Martial, which the Ugandan Supreme Court ruled as unlawful for trying civilians.
