High Court: Martha Karua could have represented Besigye via Zoom

The High Court in Kampala has determined that jailed opposition figure Dr. Kizza Besigye could have legally engaged Kenyan lawyer Martha Karua remotely, even after her exclusion from Uganda. Justice Simon Peter Kinobe ruled that the Judiciary’s rules on electronic filing and virtual proceedings accommodate remote participation for all involved parties, including lawyers.

Justice Kinobe emphasized that the rules provide a framework for virtual court sessions, indicating that physical presence within Uganda is not always a prerequisite for participating in legal proceedings. He suggested that Dr. Besigye’s legal team could have petitioned the trial court for specific directions to enable Ms. Karua to participate virtually in his treason trial.

Ms. Karua, a prominent Kenyan politician, was declared persona non grata and denied entry into Uganda on June 22, reportedly to join the defence for Dr. Besigye and Kampala Lord Mayor Erias Lukwago in their treason case. Their trial has faced significant delays due to disputes over legal representation, with Dr. Besigye insisting on his chosen lawyers.

The ruling also addressed the right to counsel, with Justice Kinobe noting that there was no evidence Dr. Besigye was prevented from receiving legal advice from Ms. Karua through lawful, remote means. However, he cautioned that the availability of virtual proceedings should not undermine an accused person’s constitutional right to counsel of their choice.

Dr. Besigye and co-accused Hajj Obeid Lutale had sought declarations that they are entitled to be defended by their preferred advocates and that the actions against Ms. Karua were unconstitutional. Dr. Besigye’s treason case is slated to continue, with the court awaiting a medical report on his fitness to stand trial.

This report was originally published by the Daily Monitor.