Kerry Howard Mwesigwa
In a significant legal development, the Buganda Road Magistrate’s Court has dismissed charges of inciting violence against former presidential candidate Rtd Col Dr Kizza Besigye. The case, which originated from protests organized by Besigye against soaring commodity prices, came to an abrupt halt as the prosecution failed to present any witnesses over the course of a year.
The charges were brought against Besigye in May 2022, following allegations that he had incited the public to protest against the exorbitant prices of essential goods such as sugar and soap. According to the prosecution, during a gathering at Arua Park in Kampala, Besigye made statements that suggested the desirability of a demonstration capable of causing destruction or property damage.
However, the trial encountered significant setbacks as the prosecution repeatedly struggled to summon witnesses to testify against Besigye. As a result, Grade one Magistrate Siena Owomugisha, invoking section 119 of the Magistrates Courts Act, dismissed the case on June 7, 2023. Besigye was discharged and set free unless held on other lawful charges.
Musa Matovu, who led Besigye’s legal team, argued that the prosecution’s repeated failure to produce witnesses amounted to both a delaying tactic and political persecution. This marked the seventh instance in which the prosecution had been unable to present witnesses, raising concerns about Besigye’s constitutional right to a speedy trial.
Besigye’s arrest took place under heightened security at his residence in Kasangati, after which he was detained at Nagalama police station before being brought to court. Initially granted bail with stringent conditions, including a cash payment of Shs 30 million, he chose to appeal the decision. Eventually, the High Court reduced the bail amount to Shs 3 million.
Throughout the legal process, Besigye decided to remain in Luzira prison instead of paying bail while his appeal was ongoing. Nonetheless, he diligently attended court hearings to closely monitor the progress of his case. Unfortunately, on the recent hearing date, the prosecution once again failed to produce witnesses, prompting Besigye’s legal team to request the dismissal of charges.
In addition to the dismissal of charges, Besigye’s legal team also sought the release of his impounded vehicle, which had been seized during his arrest. The magistrate granted their request, further solidifying Besigye’s sense of vindication in the case.
With the charges against him now dismissed, Besigye’s legal victory serves as a significant moment in his ongoing legal battles and political journey. The dismissal reinforces the importance of upholding constitutional rights and the right to a fair and timely trial for all individuals, regardless of their political affiliations.
