The Uganda Prisons Service has rejected requests by defence lawyers representing Dr Kizza Besigye and his co-accused to use mobile phones and access the internet inside prison consultation rooms.
However, prison authorities have approved extended daily access for the defence team, a larger consultation room, legal equipment, and access for information technology and forensic experts as preparations for the treason trial before the High Court Criminal Division continue.
The decisions are contained in a letter dated June 29, 2026, addressed to the Deputy Registrar of the High Court Criminal Division in response to guidance sought by the court on requests made by the defence in a matter against Dr Besigye, his aide, Hajji Obeid Lutale, and UPDF Captain Denis Oola.
The letter, signed by Milton Tiyo on behalf of the Commissioner General of Prisons, sets out the Uganda Prisons Service’s position on a range of logistical and administrative requests that the defence said were necessary to adequately prepare for the trial.
The requests arose after the defence asked the High Court to direct prison authorities to facilitate broader access to the accused persons, legal materials, expert witnesses and consultation facilities to enable effective preparation of their case.
One of the key requests is related to lawyers’ access to the prison facility. The defence sought unrestricted access from 8:00 a.m. to 6:00 p.m. daily to allow sufficient time for consultations, reconstruction of events and identification of potential defence witnesses. But prison authorities partly granted the request, approving access between 8:00 a.m. and 5:00 p.m., one hour less than what the defence had sought.
The Uganda Prisons Service also approved the request for a spacious consultation room capable of accommodating between 15 and 20 members of the defence team, including lawyers and their assistants, acknowledging the complexity of the case. However, prison authorities declined to exclude prison officers entirely from the consultation area. Instead, a prison officer will remain within sight but outside hearing distance during meetings between the lawyers and the accused persons.
According to the Prisons Service, the arrangement complies with Section 63(3) of the Prisons Act, Regulation 54(3) of the Prisons Regulations, 2012, and Chapter 38 of the Prisons Standing Orders, which require prison officers to maintain security while safeguarding lawyer-client confidentiality.
The prison authorities also approved several requests relating to legal equipment. They will provide a projector and a whiteboard to facilitate presentations and the review of evidence during consultations. Lawyers will also be permitted to carry case files, notebooks, statute books in both hard copy and electronic form, flash drives containing only electronic evidence and legal materials, as well as Bic Crystal ballpoint pens.
In addition, the Prisons Service approved requests for an information technology expert and a forensic examiner selected by the defence to participate in trial preparations. Both experts will, however, be required to complete the prison’s identification procedures before being granted access. The Prison Service rejected the defence’s request to allow mobile phones inside the consultation room, stating that mobile phones remain prohibited items under Chapter 45, Paragraph 2(h) of the Prisons Standing Orders, 2017.
Instead, lawyers will be required to leave their phones at the visitors’ handling office and retrieve them whenever necessary. Prison authorities also declined to install internet access inside the consultation room. Instead, they will provide a separate room nearby with internet access exclusively for lawyers to conduct legal research before returning to continue consultations with their clients.
On refreshments, prison authorities approved the defence’s request to carry packaged drinking water into the consultation area. However, they rejected the request to bring meals from outside the prison, including foods such as chips. Lawyers will instead take scheduled meal breaks outside the consultation area, while the accused persons will continue receiving meals prepared through the prison’s catering arrangements.
The Prisons Service also granted the defence’s request for confidential consultations with the accused persons before court sessions. However, it said each meeting would remain subject to security assessments and operational controls necessary to maintain safety during court appearances. The letter was written in response to correspondence dated June 18, 2026, from the Deputy Registrar of the High Court Criminal Division seeking the Prisons Service’s position before the court determines how the requested arrangements should be implemented during the trial.
Defence lawyers have consistently argued that broad and confidential access to their clients is essential to adequately prepare their case and safeguard the accused persons’ constitutional right to a fair hearing. The Uganda Prisons Service says the approved arrangements strike a balance between those rights and its legal obligation to maintain prison security while complying with existing laws and regulations.
The letter was copied to trial judge Justice Emmanuel Baguma and is expected to guide consultations between the defence team and the accused persons as the case proceeds before the High Court Criminal Division. The developments come ahead of a scheduled 2:00 p.m. hearing of the three accused persons’ bail application. They also come amid unresolved questions over the composition of the defence team following the deportation of Kenyan lawyer Martha Karua and the imprisonment of Kampala Lord Mayor Erias Lukwago, who had been leading the defence in the matter
