Besigye trial: Lawyers challenge evidence in incitement case
Opposition figure Dr Kizza Besigye and activist Samuel Mukaaku appear in the dock at Buganda Road Court in Kampala on October 4, 2024. PHOTO/JULIET KIGONGO
What you need to know:
- The court will rule on the matter on October 25, 2024.
A case in which opposition figure Dr Kizza Besigye and activist Samuel Mukaaku are facing trial over inciting violence resumed on Friday with a new twist.
On October 4, defence lawyers challenged the evidence against Besigye and Mukaaku- which was presented by Detective Sergeant Steven Oryema, who previously testified about finding provocative placards and a megaphone in the vehicle occupied by the two during their arrest.
The placards had phrases like "Time Up, Time Out" and "Stop Stupid Birthdays", which prosecution claims were used to incite protests.
Defense lawyers led by Erias Lukwago objected Oryema's evidence, reasoning that it was not disclosed earlier and that Oryema was not listed among the elven witnesses on record.
“Your worship, prosecution has just ambushed us with this testimony which is an abuse of the court process. We seek to have it struck out,” Lukwago said.
Besigye, visibly frustrated, accused the state of using the legal system to suppress political dissent and that their protests targeted the high cost of living, not inciting violence.
"Our message was simple: address economic hardship. Instead of listening, they imprisoned us," he said.
The court will rule on the admissibility of the contested evidence and continue cross-examining witnesses on October 25, 2024.
Dr Besigye and Mukaaku are facing a charge of inciting violence through protests against high commodity prices in Kampala. Punishment upon conviction is either a fine or imprisonment or both.
The two were arrested while addressing traders about the need to protest against the skyrocketing prices of commodities in the country as parliament convened at Kololo Ceremonial Grounds for the FY 2022/2023 budget reading.
The pair has twice been arrested in Kampala while demonstrating against skyrocketing commodity prices in Uganda.
Additionally, this is the second time the two are facing similar charges. The first time was on May 21, 2022, when Besigye was granted a cash bail of Shs30 million after spending twelve days in Luzira under protest until the sum was reduced to Shs3 million by the High Court. The second time was in June 2022.
It is alleged that the duo without any unlawful excuse at an assembly; addressed members of the public implying that it would be desirable for them to demonstrate, yet this act can result in violence and destruction of property.
However, the two have since denied the charges.
On June 7, 2023, grade one magistrate Siena Owomugisha -at the Buganda Road Chief Magistrate’s Court- dismissed a case of inciting violence against Dr Besigye for lack of prosecution.
