The High Court has directed Chief State Attorney Joseph Kyomuhendo to appear in court on April 24 for cross-examination, marking a key moment in the case involving opposition figure Kizza Besigye and his co-accused.
The ruling was made by Justice Emmanuel Baguma, who agreed with defense lawyers that Kyomuhendo must be questioned about the affidavits he submitted.
The judge said it was important for the court to test whether the claims in those documents are true.
“It is only fair that the person who made these statements comes to court and answers questions,” Justice Baguma explained.
Defense Pushes for Truth
The defense team, led by lawyers Fredrick Mpanga, Erias Lukwago, and Martha Karua, argued that some of the statements in the affidavits needed to be verified under oath.
“We want to test whether what was written is true,” Mpanga told the court.
The case involves Besigye alongside Hajj Obeid Lutale and Capt Ola Oya.
It has attracted public attention due to ongoing disagreements between the defense and prosecution over fairness and legal procedures.
Court Frustrated by Delays
Earlier in the day, the hearing was delayed for more than an hour after state prosecutors failed to arrive on time.
This drew sharp criticism from both the judge and defense lawyers.
Lukwago strongly criticized the absence, saying the court should not be controlled by the prosecution’s delays.
“Court cannot act on the whims of the state,” he said.
Assistant Director of Public Prosecutions Thomas Jatiko later apologized, explaining that the delay was caused by last-minute preparations after receiving defense submissions late.
However, Karua dismissed the apology, saying it did not sound sincere and suggested the prosecution was taking the court for granted.
Judge Warns Prosecution
Justice Baguma described the prosecution’s behavior as “improper” but accepted the apology.
He also warned that the court cannot be delayed without proper communication.
“This court cannot be held at ransom,” he said.
The judge also raised concerns about why prison authorities brought the accused to court late, even though the session had been scheduled for the morning.
Dispute Over Secret Witnesses
Another major issue in the case is the prosecution’s request to hide the identities of some witnesses.
The defense strongly opposed this, arguing it would violate the accused persons’ right to a fair trial.
“Our clients are not comfortable with secret witnesses,” Lukwago said.
“They have a right to know who is accusing them.
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The court is expected to rule on this matter on April 7.
What Comes Next
The case was adjourned to allow further hearings, with the cross-examination of Kyomuhendo now seen as a crucial step.
It is expected to influence how strong the state’s evidence appears in court.
As the legal battle continues, the case highlights growing tensions over fairness, transparency, and the rights of accused persons in Uganda’s justice system.
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