Justice Simon Peter Kinobe stated that the Judiciary’s rules on electronic filing and virtual proceedings provide for remote participation by judicial officers, parties, and witnesses. The judge noted that Dr. Besigye’s lawyers could have applied for appropriate directions from the trial court to enable Ms. Karua to participate virtually in his treason trial.
Justice Simon Peter Kinobe on virtual proceedings
“The court may, on its own motion, or on application by a party, allow proceedings to be conducted virtually. These provisions demonstrate that physical presence within Uganda is not, in every circumstance, indispensable to participation in judicial proceedings,” Justice Kinobe ruled on a Tuesday.
Martha Karua denied entry at Entebbe International Airport
Ms. Karua, a Kenyan politician, was denied entry into Uganda at Entebbe International Airport on June 22 and declared persona non grata by the Ugandan government. She had travelled to Kampala to join the defence team for Dr. Besigye and Kampala Lord Mayor Erias Lukwago, who faced charges arising from an alleged plot to overthrow the government.
The court attempted to provide state-appointed lawyers, but Dr. Besigye rejected them. The dispute escalated on July 29 when Dr. Besigye collapsed in the court dock after protesting for nearly 30 minutes against the state-appointed lawyers.
Rule 32 of the Judicature Rules, 2025
Justice Kinobe was interpreting Rule 32 of the Judicature (Electronic Filing, Service and Virtual Proceedings) Rules, 2025, which provides for the phased implementation of video conferencing and virtual court platforms. Dr. Besigye and Hajj Obeid Lutale had asked the court to declare that they are entitled to be defended by advocates of their own choice, including Ms. Karua.
“The Court must, however, emphasise that the availability of virtual proceedings does not, of itself, extinguish the constitutional right to counsel of choice; rather, it is one of the mechanisms through which meaningful legal representation may, where appropriate, be facilitated,” Justice Kinobe ruled.