Uganda’s courts delivered a couple of consequential decisions last week, from allegations of a weapons plot in the treason trial of opposition politician Dr Kizza Besigye to lengthy prison sentences for murder, mandatory bail for lawyer Male Mabirizi and major awards in commercial and defamation disputes.
At the centre of the week’s proceedings was Besigye’s treason trial, where a private security investigator described clandestine meetings in Switzerland that, according to his testimony, involved discussions about acquiring weapons and destabilizing the Ugandan government.
Andrew Wilson, a state witness, told Justice Emmanuel Baguma that he secretly recorded meetings involving Besigye and Joel Wakayima, a Ugandan based in Switzerland, using a covert camera concealed inside a mobile power bank.
Besigye is being tried alongside Obeid Lutale and Capt. Denis Oola. Wilson testified that Wakayima initially approached him about supplying grenades, drones and surface-to-air missiles, as well as organizing paramilitary training for between 40 and 60 people in Kisumu, Kenya.
Plans later shifted, he said, amid concerns that Kisumu airport was under surveillance. According to Wilson, Besigye proposed an airport in the Democratic Republic of Congo, where he allegedly had contacts who could receive the weapons.
Wilson said that after deciding to cooperate with Ugandan security agencies, he began making excuses to the men about why he couldn’t deliver the weapons. The most serious allegations concerned a November 28, 2023, meeting in Geneva, later moved to Wilson’s apartment, where recording equipment had been installed.
Wilson said discussions included an attack on Kampala, using military contacts to seize the city and an alleged plan to assassinate President Yoweri Museveni with drones. He also alleged that the group discussed fomenting civil unrest, including interfering with an aircraft at Entebbe International Airport and blaming the resulting chaos on the government.
The wider objective, he testified, was to create instability that would allow the military to take power. Wilson said US$5 million had been proposed for the operation and that Besigye rejected his suggestion to involve National Unity Platform leader Robert Kyagulanyi Ssentamu.
The prosecution says it will rely on Wilson’s testimony, recordings, communications, electronic evidence and immigration records to prove the alleged treason plot. The trial continues this week.
**SCHOOL DIRECTOR, WIFE AND POLICE OFFICER JAILED **
In Soroti, meanwhile, the High Court handed down heavy sentences over the murder of five-year-old Apio Joan Faith, a pupil at Jozan Nursery and Primary School.
Justice Boniface Wamala convicted Susan Vivian Ariokot Okedi, wife of school director Joseph Okedi, and Detective Corporal John Bosco Obotol, Okedi’s brother. Two former pupils, who had initially been charged as accessories before pleading guilty and becoming prosecution witnesses, provided key evidence.
One testified about Ariokot’s involvement in the killing and subsequent handling of human remains. DNA evidence, forensic post-mortem findings and exhibits recovered during investigations supported the account. Justice Wamala rejected alibi defences presented by Ariokot and Obotol.
He also found that Okedi obtained a knife used in the killing and later gave police false information. Three other accused people, the school’s head teacher, cook and matron, were acquitted after prosecutors failed to sufficiently link them to the murder.
Ariokot received life imprisonment, Obotol 45 years and Okedi 35 years, with time already spent on remand deducted from their sentences.
**MABIRIZI WALKS OUT ON MANDATORY BAIL **
At Buganda Road Chief Magistrate’s Court, lawyer Male Mabirizi secured mandatory bail after spending more than the constitutionally prescribed 60 days on remand without his trial beginning.
Chief Magistrate Ritah Neumbe Kidasa granted him Shs 2 million cash bail and required two substantial sureties, each bonded at Shs 5 million and holding a valid national identity card. Mabirizi must provide details of his permanent residence, surrender his passport and cannot leave Uganda without written permission.
He told the court he doesn’t have a passport and said he would challenge the condition or seek confirmation from the Ministry of Internal Affairs. He was also barred from interfering with prosecution witnesses and ordered to attend court personally. Mabirizi had been in custody since February, initially over another case.
The magistrate ruled that Article 23(6) of the Constitution and Section 76 of the Magistrates Courts Act required his release once the 60-day threshold was exceeded. He faces three charges under the Uganda Communications Act arising from TikTok publications allegedly targeting Chief Justice Flavian Zeija and Court of Appeal and Constitutional Court Justice Musa Ssekaana.
**KABADIA GANG PAIR HANDED ANOTHER 80 YEARS **
Two members of the Kabadia criminal gang were also sentenced to an additional 80 years over the June 29, 2019 murder of boda boda rider Derrick Muwonge at Kakeka in Mengo, Rubaga Division.
Justice Alex Ajiji sentenced Aloysius Tamale, alias Young Mulo, and John Bosco Mugisha, alias Kayihura. Both were already serving 70-year sentences, taking their nominal sentences to 150 years, although the new terms will run concurrently with the existing ones.
After credit for time spent on remand, each is expected to serve an additional 33 years and one day. Prosecutors Joseph Kyomuhendo and Sharifah Nalwanga sought the harshest punishment, citing the seriousness of the offence and claims that boda boda riders were targeted for their motorcycles.
Prosecutors also linked the men to other attacks attributed to the gang, including the April 2019 killing of rider Damiano Sekalala. During mitigation, Tamale sought leniency and told court he still harboured ambitions of becoming Uganda’s president. Justice Ajiji said a substantial custodial sentence was necessary to protect the public.
**BITATURE LOSES CONSULTANCY DISPUTE **
In a commercial dispute dating back more than a decade, Justice Stephen Mubiru ordered businessman Patrick Bitature to pay Finicon (U) Limited $256,136.17 in outstanding architectural consultancy fees.
The dispute arose from 2012 agreements covering a boutique hotel on Kololo Hill and remodelling Bitature’s nearby residence. Finicon said it completed about 76 per cent of the work but received only $23,538 against a claim of approximately $291,136.20.
Bitature challenged the enforceability of the agreements, Finicon’s legal standing and whether its directors were licensed architects, while arguing that previous payment constituted full settlement.
Justice Mubiru rejected those objections, finding that the contracts provided clear methods for determining fees and that the technical work was supervised by a registered and licensed architect.
He declined to consider fraud and lack- of-privity allegations that hadn’t been properly pleaded. Bitature must pay $256,136.17, nine per cent annual interest from May 20, 2014, and costs. Finicon’s claims for general and punitive damages were rejected.
**LAWYER WINS SOCIAL MEDIA DEFAMATION CASE **
In another judgment, Justice Collins Acellam awarded advocate Carlton Douglas Kasirye damages after finding Sheena Ahumuza Bageine, also known as Tasha, liable for defamatory social media publications.
Kasirye said posts published from January 2, 2020, on X, Instagram, Facebook and WhatsApp through @sheena_sheenzy falsely portrayed him as a rapist and a person of immoral character.
Bageine denied controlling the account, but evidence presented during cross- examination linked her to its content through photographs, the name “Sheena” and a video recording. The judge found the publications false, defamatory and attributable to Bageine, awarding Kasirye Shs 50 million in general damages and Shs 10 million in exemplary damages.
He also issued a permanent injunction and ordered Bageine to publish a retraction and apology within 14 days and keep it accessible for 30 consecutive days.
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