The Office of the Director of Public Prosecutions (DPP) has notified the Nakawa Chief Magistrate’s Court of its intention to amend the treason charges against opposition leader Dr. Kizza Besigye, along with his co-accused Obeid Lutale and Captain Denis Oola.
However, the amendment was not formally submitted in court. Chief State Attorney Richard Birivumbuka discreetly handed over the amended charge sheet folded in half and held upside down to avoid revealing its contents to the public gallery.
This occurred after Grade One Magistrate Jonathan Tiyo, standing in for Chief Magistrate Esther Nyadoi, stated that he had been instructed only to adjourn the matter and not to accept any new filings.
Dr. Besigye’s legal team, led by Eron Kiiza and Kenyan Senior Counsel Martha Karua, objected to the manner in which the amendment was introduced, describing it as an ambush.
They protested that the defense had not been served with a copy of the amended charge sheet, calling the process irregular and lacking transparency.
Captain Denis Oola is represented separately by Captain Simon Nsubuga Busagwa.
Magistrate Tiyo reiterated that the court session was strictly for adjournment and that all substantive issues, including any amendments to the charges, would be handled by Chief Magistrate Nyadoi, who was reportedly attending a meeting with the Chief Registrar of the Judiciary.
Defense lawyer Erias Lukwago also raised concerns about what he termed the unlawful detention of the accused beyond the constitutionally mandated six-month pretrial period without bail.
He called for their immediate release and greater transparency surrounding the absence of the trial magistrate.
The case was adjourned to May 29, 2025, for further mention. This follows a second bail application filed by Dr. Besigye and Lutale on April 22, 2025, after their first request was denied by the High Court on April 11.
Justice Rosette Kania cited the gravity of the charges and the risk of interference with ongoing investigations as reasons for rejecting the initial application.
By Alex Magala
21st May 2025
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