The Kampala High Court has declined to grant an order directing Luzira Upper Prison authorities to transfer opposition figure Col (Rtd) Dr Kizza Besigye to a medical facility outside the prison, despite claims that his health has deteriorated.
The ruling was delivered on Wednesday by Justice Emmanuel Baguma, who said the court had not yet received sufficient evidence to justify removing Besigye from the prison health system.
Court proceedings were marked by the absence of both Besigye and his co-accused Obeid Lutale, with the judge confirming that he had received official communication from Luzira Prison indicating that Besigye was unwell.
State prosecutors, led by Richard Birvumbuka, initially applied for a video link to the prison to verify Besigye’s condition. However, the request was strongly opposed by defence lawyers led by Erias Lukwago, who argued that the accused was too weak to participate even virtually.
The defence told court that Besigye could not walk from his cell to meet his lawyers during a visit on Tuesday.
“The state’s request would mean setting up video equipment inside his cell, which is not feasible given his condition,” Lukwago argued.
The defence team renewed their application for Besigye to be transferred to a better-equipped medical facility, citing reports that his condition had worsened significantly.
On Tuesday, reports emerged that Besigye had been rushed under heavy security from Luzira Prison to a medical facility at Bugolobi Village Mall after developing severe complications.
His wife, Winnie Byanyima, told journalists that Besigye’s illness began over the weekend.
“He started suffering from severe stomach pain on Saturday and later developed a fever,” Byanyima said.
She added that when she reached the facility, her husband was already receiving treatment.
“I rushed there and found him on IV. He told me he could not walk and had to be wheeled into the hospital,” she said.
According to Byanyima, doctors found Besigye to be severely dehydrated and subjected him to several medical tests, the results of which were still pending.
In his ruling, however, Justice Baguma said the court had no medical documentation proving that Besigye’s condition could not be managed within Luzira Prison.
“At this stage, I have not seen any evidence suggesting that his health concerns cannot be handled in Luzira prison. We shall wait for further communication from prison authorities if there is any change,” Baguma ruled.
Given that the accused persons could not appear physically in court, the judge adjourned the case for three weeks, awaiting updates from prison medical officials on Besigye’s condition.
