Breaking: Justice Baguma orders State-funded lawyer for Besigye, Lutale

The High Court has ordered that Dr Kizza Besigye and his co-accused, Obeid Lutale, be provided with legal representation at the State's expense after they complained that they were unable to effectively access their lawyers.

Justice Emmanuel Baguma issued the ruling on Monday during the opening hearing of the pair's treason case.

The decision followed concerns raised by Besigye, who told the court that his constitutional right to a fair hearing had been undermined because he had been unable to consult his lawyers while on remand at Luzira Prison.

He also cited the arrest of his lead lawyer, Erias Lukwago, and the deportation of Kenyan advocate Martha Karua as factors affecting his defence.

Besigye further denied President Yoweri Museveni's recent claim that he had deliberately delayed the trial, insisting that outstanding issues relating to legal representation had prevented the case from proceeding.

In his ruling, Justice Baguma said that while he accused had been allowed to choose their own lawyers since the case began, their current challenges needs to be addressed to allow the case to commence.

"The accused persons have been represented by lawyers of their choice as per Article 28 (3) (d) from the time we started this case," the judge said.

"It is my considered view that the accused persons were permitted to have lawyers of their choice from day one."

"But since this court keeps getting concerns that the accused persons have challenges getting their own legal representation... this honourable court has decided to invoke Article 28 (3) (e) which provides that 'The accused persons are entitled legal representation at the expense of the state in the case of any offense which carries the sentence of death or life imprisonment'," Justice Baguma ruled.

He directed the Registrar of the High Court's Criminal Division to appoint a lawyer to represent the two accused at government expense.

"In the view of the above, the Registrar Legal Division to avail a legal representative to the accused person."

The ruling came shortly after Besigye told the court that neither he nor Lutale had been allowed adequate access to their lawyers or the prosecution evidence needed to prepare their defence.

The treason trial is expected to proceed once legal representation for the accused has been regularised in line with the court's directive.