Uganda Court Hears Prosecution Bid to Hide Identities of Witnesses in Besigye Treason Trial

Prosecutors in Uganda's treason case against veteran opposition politician Kizza Besigye accused him and his co-accused of threatening state witnesses, as a hearing continued Wednesday on an application to conceal the identities of six out of ten witnesses the state intends to rely on.

The allegations emerged during the cross-examination of Chief State Attorney Joseph Kyomuhendo, who had sworn an affidavit supporting the application. AllAfrica reported that the threats reportedly emerged in 2025, yet the prosecution filed its application only in March 2026, more than two months after an order requiring disclosure of evidence had been issued.

The court, presided over by Criminal Division Judge Emmanuel Baguma, heard the case against Besigye, his aide Hajji Obeid Lutale, and Captain Denis Oola. Joseph Kyomuhendo alleged that the accused persons, through an alleged accomplice identified as Frank Kihehere, had issued threats to harm prosecution witnesses.

He told the court that the threats were actual and existed in electronic format, identified with the help of a forensic expert whose identity he declined to disclose.

Frank Kihehere allegedly issued threats to all six witnesses the prosecution now seeks to protect. Joseph Kyomuhendo argued that Besigye and his co-accused are likely to cause harm to the witnesses and their loved ones. He suggested that even Besigye himself could be among individuals the prosecution may consider for witness protection, although he did not elaborate.

During intense cross-examination by defense lawyers including Erias Lukwago, Bayan Turinawe, and Ernest Kalibala, Joseph Kyomuhendo declined to reveal how the electronic evidence was stored, downloaded, or transcribed. He refused to name the individuals involved in the process of handling the electronic evidence.

His knowledge of the alleged threats was derived from reviewing the police file and information provided by his supervisors at the Office of the Director of Public Prosecutions.

Joseph Kyomuhendo, who heads the Anti-Human Trafficking Division in the Office of the DPP, was unsure whether any of the allegedly threatened witnesses had formally reported the threats to police. He could not confirm whether the witnesses were currently in hiding. The marathon cross-examination resumed at around 10 am on Wednesday and was still ongoing at the time of publishing.

State witness protection measures include remote testimony through video link, concealed witness booths, voice distortion, and physical shielding. Witnesses can also be placed in secure shelters, assigned bodyguards, and given strict guidance on their movements and interactions.

Joseph Kyomuhendo told the court that arms trafficking can form part of a treason offence, in response to questions regarding the nature of the charges against Besigye, Lutale, and Captain Oola.

Lawyer Major Simon Nsubuga is representing Captain Denis Oola and is expected to cross-examine Kyomuhendo after lawyers for Besigye and Lutale conclude their submissions. The defense questioned the timing of the application, noting the alleged threats dated to 2025 while the disclosure order came earlier.

Bayan Turinawe faulted the prosecution for failing to promptly fix the application for hearing, with the matter instead scheduled by the judge in the interest of expediting justice.

The defense argued that the delay in filing the application despite alleged threats dating back to January amounted to negligence. They criticized the prosecution for presenting the application without an investigator's report to substantiate the extent of the alleged threats.

Kyomuhendo responded that the witnesses had been safe until that time but struggled to explain why similar protection measures could not be implemented without concealing their identities.