The Office of the Director of Public Prosecutions (DPP) has informed the Nakawa Chief Magistrate’s Court of its intention to amend the treason charges against opposition politician Dr. Kizza Besigye, and his co-accused Obeid Lutale, and Captain Denis Oola.
However, the amendment was not formally presented after the Chief State Attorney, Richard Birivumbuka, submitted the charge sheet discreetly, holding it upside down and folded in half to conceal its contents from the public gallery. This happened after Grade One Magistrate Jonathan Tiyo, who was standing in for Chief Magistrate Esther Nyadoi, said he had strict instructions only to adjourn the matter, not to entertain new filings.
As a result, Birivumbuka returned the charge sheet to his file and shielded it with his arm, opting to wait until the next session when the matter could be handled by the presiding magistrate in charge of the case. According to sources within the DPP’s office, who are not authorised to speak to the media, the amendment merely seeks to correct grammatical and typographical errors in the existing charge sheet and does not introduce new charges or modify the particulars of the treason and misprision of treason allegations.
Even so, Dr. Besigye’s legal team, led by Eron Kiiza and Martha Karua (Senior Counsel, Kenya), objected to the process, stating that they had not been served with a copy of the amended charge sheet and describing the attempt to introduce changes without notice as an “ambush.”
Captain Denis Oola is being represented by Captain Simon Nsubuga Busagwa. Magistrate Tiyo maintained that the court was only sitting to adjourn the matter, reiterating that all substantive issues would be addressed by Chief Magistrate Nyadoi, who was reportedly attending a meeting with the Chief Registrar of the Judiciary.
Defense lawyer Erias Lukwago protested what he termed unlawful detention of the accused beyond the mandatory six-month pretrial period without bail, calling for their immediate release and transparency on the absence of the trial magistrate.
Lukwago also reminded the court that there was a pending application for the enforcement of the accused persons’ rights, which remains unresolved. Lawyer David Mpanga requested access for the defense team and relatives to interact with the accused after the session—an application that was granted. The court directed the public and security personnel to vacate the courtroom, allowing a private meeting under prison officers.
The matter was adjourned to May 29, 2025, for further mention. On April 22, 2025, Besigye and Lutale filed a second bail application, following the High Court’s dismissal of their initial request on April 11, 2025. Justice Rosette Kania had rejected their first bail bid, citing the seriousness of the charges and a risk of interference with investigations.
In the fresh application, the accused emphasized their fixed residences—Besigye in Kasangati and Lutale in Ssabagabo—and pledged to comply with any bail conditions. The duo, alongside Captain Oola, has now spent over 180 days in custody on allegations that they sought arms, funding, and logistical support in Geneva, Athens, Nairobi, and Kampala to overthrow the Ugandan government.