The Kampala High Court, presided over by Justice Emmanuel Baguma, has directed the prosecution to amend the indictment against opposition leader Dr. Kizza Besigye and his aide Hajji Obeid Lutale, ruling that the defects identified in the indictment do not pose a risk of miscarriage of justice and should not delay plea taking.
In a ruling delivered today, Justice Baguma addressed objections raised by the defense team regarding the legality of the indictment in the treason case, specifically concerning Capt. Dennis Ola. The objections were raised after the indictment was partly read, as required by the Trial on Indictments Act (TIA).
The defense had argued that the indictment lacked specific details regarding Capt. Ola, was unsigned and undated by the registrar of the High Court, had not been properly served on the accused, and incorrectly included misprision of treason as a separate charge.
Referring to Sections 50 and 51 of the TIA, which outline that objections to an indictment must be raised before the accused and that the court may order amendments where necessary, Justice Baguma emphasized the need for courts to ensure the prompt administration of justice without unnecessary delays.
Justice Baguma concluded that the proposed amendments would not result in any injustice to either party as he directed the prosecution to amend the indictment, specifically addressing the particulars regarding Capt. Ola. He also ordered that the registrar sign and date the amended indictment.
Additionally, the judge ruled that the inclusion of the charge of misprision of treason, despite objections from the defense, does not amount to a miscarriage of justice and may stand.
This decision follows yesterday’s ruling in which Justice Baguma rejected Dr. Besigye’s fourth bail application and dismissed a request to stay the criminal proceedings. The judge insisted that the plea hearing must proceed before any further remedies can be sought.
By Alex Magala
30th Dec 2025
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