The General Court Martial in Makindye, Kampala, has refused to reinstate lawyer Eron Kiiza to the defense team representing veteran opposition leader Dr. Kizza Besigye and his political ally, Obeid Lutale. Kiiza, who was jailed last week for contempt of court, had been representing the accused in cases involving treachery and illegal possession of firearms and ammunition.
Kiiza’s incarceration stems from his refusal to follow instructions to take a back seat during court proceedings, instead occupying a front-row seat where heated exchanges with the judge advocate had occurred. He was subsequently sentenced to nine months without being allowed to defend himself.
On Monday, when Besigye and Lutale appeared again in court, defense lawyer Samuel Muyizi listed Kiiza’s name as part of the legal team. Kampala Lord Mayor Erias Lukwago, also part of the defense, requested that Kiiza be temporarily released to fulfill his legal duties.
“The name Eron Kiiza remains on the list of advocates representing the accused persons. We ask that he be produced during proceedings to execute his duties, as legal representation is a fundamental right under Article 28 of the Constitution,” Lukwago argued.
However, Brigadier Freeman Mugabe, the Court Chairman, dismissed the request, stating, “I have never heard of a person serving a sentence attending court as a lawyer.” Brigadier Richard Tukacungura, the Judge Advocate, supported the decision, emphasizing that the extensive defense team could adequately represent the accused without Kiiza.
Legal and Constitutional Implications
Brig. Tukacungura cited Article 28(3)(d) of the Constitution, which guarantees the right to a fair hearing and representation by a lawyer of one’s choice. He dismissed claims that excluding Kiiza violated this right, noting that the defense had over 30 lawyers present. He challenged the argument that Kiiza’s specific role was indispensable.
Besigye and Lutale are scheduled to return to court on Tuesday.