Trial Within A Trial: How General Court Martial Jailed Besigye Lawyer Within Besigye Trial
By Our Writer
MAKINDYE
The legal fraternity and the country are coming to terms with the dramatic jailing of a lawyer who set out to plead for his clients in the names of Col Kiiza Besigye and Hajj Obeid Lutale.
Instead the lawyer himself, Eron Kiiza was handed a nine months jail term in Kutalya prison after finding him guilty of contempt of court.
At 3:28 PM, Kiiza handcuffed, was escorted to the dock by military police officers and shortly his fate was sealed by the General Court Martial Chairperson, Brigadier Robert Freeman Mugabe.
The learned friend was never allowed to defend himself, nor were the charges read to him. He was not allowed any time for mitigation. In his ruling, Mugabe stated that Kiiza had confronted and assaulted the court orderly, and despite being warned, he did not heed the advice.
The court heard that Kiiza, who was representing Besigye and Obeid Lutaale Kamulegeya in a case involving illegal possession of ammunition, continued to bang on the metal surfaces and shout in court.
After the ruling, lawyers Erias Lukwago and Fredrick Mpanga appealed to the court, stating that even if someone is guilty of contempt, they should be given a right to be heard and granted a fair hearing. They requested a formal ruling so that they could appeal the decision. The Court Martial, however, stated that it was functus officio—its hands were tied, and it could not reverse its decision.
Kiiza, looking composed in a blue suit, was escorted back to the holding cells, where he awaited transfer to Kitalya to begin serving his nine-month sentence. Lawyers have faced difficulties representing clients in the General Court Martial over the years.
Before his sentencing, Kiiza was locked in the same cell with his clients.
The development left Besigye’s team shocked and they desisted going forth with Besigye’s trials since the lead counsel, Kenya’s former justice minister, Martha Karua and Lord mayor,Erias Lukwago said that the Jailed Kiiza had a crutial submission in the troubled Besigye case.
Court finally sent back Besigye and Lutale on remand until January 13,2025 when they will be brought back for further hearing.
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