Jailed Opposition leader Dr Kizza Besigye has fired off a strongly worded letter to High Court Judge Emmanuel Baguma, demanding to know the law that stops him, as an accused person, from raising his own concerns orally during trial.

The four-time presidential candidate, who is facing treason charges alongside Mr Obeid Lutale and Capt Denis Oola, wrote the letter following a heated exchange in court on October 1.

Besigye insisted on addressing the judge directly despite being represented by a team of 10 lawyers led by Kenyan senior counsel Martha Karua.

The letter

In the letter dated October 2, Besigye accuses Justice Baguma of denying him a fundamental right to be heard. “First, you outrightly declined my request because I am represented by lawyers,” Besigye wrote.

“Being a person accused of a serious offence, I find it strange and oppressive if I cannot raise a concern directly in open court.”

He further recounts how, after extensive back-and-forth with his legal team, the judge ruled that any personal concerns from the accused could only be submitted in writing, a condition Besigye argues could lead to undue delays. “If each time a written submission of the concern has to be made and time fixed for your response, the case may never be concluded,” he warned. “Meanwhile, I remain confined in prison.”

Besigye concludes the three-page letter with a pointed challenge: “I request you to point me to the provisions of the law that bar an accused person from orally raising concerns in court during any audience with the judge, even in the presence of their lawyers. Following your response, I will take that law into consideration to guide me.”

The letter follows last week’s tense courtroom standoff, where Besigye rose in the dock before plea-taking to address the judge. “A very good morning, my Lord,” he began confidently, adding that he wished to raise a matter of concern. Justice Baguma quickly interrupted: “Are you still represented, or are you putting off your lawyers?”

Besigye clarified that he remained represented but wanted to personally explain the circumstances of their appearance in court. The judge, however, maintained that only his lawyers could speak on his behalf unless they formally withdrew from the case.

Senior Counsel Karua, supported by colleagues Frederick Mpanga and Ernest Kalibbala, urged the court to allow Besigye to speak.

Mr Kalibbala argued: “Appointing lawyers does not close the mouth of the party. No law bars any accused person in the dock from raising or responding to issues in court.”

Eventually, Justice Baguma relented but imposed conditions, ruling that Besigye must submit his concerns in writing and return to court on October 8 for a response.

The ruling prompted murmurs among the packed courtroom before prison warders swiftly escorted Besigye and his co-accused out under tight security.