By Eye Media Uganda | Kampala | August 11, 2026
The High Court in Kampala on Tuesday August 11, 2026 ruled that Kenyan lawyer Martha Karua could have participated remotely in the defence of opposition politician Dr Kizza Besigye despite being barred from entering Uganda.
Justice Simon Peter Kinobe said existing electronic court procedures provide avenues through which lawyers can participate in proceedings without necessarily being physically present in the courtroom.
The ruling arose from a case filed by Besigye and his co-accused Hajj Obeid Lutale concerning their constitutional right to be represented by lawyers of their choice.
Karua, a Kenyan Senior Counsel and a member of Besigye’s defence team, was denied entry into Uganda at Entebbe International Airport on June 22, 2026.
Besigye and Lutale subsequently challenged circumstances affecting Karua’s participation in their defence, arguing that they were entitled to legal representation of their choice.
However, Justice Kinobe observed that Karua’s inability to physically enter Uganda did not necessarily prevent her from providing legal assistance to Besigye.
The court said Besigye’s legal team could have approached the trial court seeking directions to enable Karua to participate virtually, including through video conferencing.
According to the court, Karua could also have advised the defence team remotely, participated in preparations and consulted lawyers handling the case in Uganda.
The judge further observed that there was no evidence demonstrating that Besigye had been prevented from obtaining Karua’s legal advice through available lawful remote arrangements.
The decision, however, does not eliminate an accused person’s constitutional right to legal representation of their choice. Instead, the court considered virtual participation among the options available for facilitating legal representation where physical attendance is difficult.
Besigye and Lutale are facing treason-related charges alongside Capt Denis Oola. They have denied the allegations against them.
The substantive proceedings against the accused are expected to continue as the courts deal with the various legal questions that have emerged around Besigye’s trial and representation.
