Tension erupted in court as lawyers representing opposition figure Kizza Besigye and his co-accused Obeid Lutale protested what they described as “preferential treatment” for prosecutors in the ongoing criminal case. The defence team, led by Kenyan senior counsel Martha Karua, said they were shocked when they arrived in court expecting the judge to schedule the […]
Tension erupted in court as lawyers representing opposition figure Kizza Besigye and his co-accused Obeid Lutale protested what they described as “preferential treatment” for prosecutors in the ongoing criminal case.
The defence team, led by Kenyan senior counsel Martha Karua, said they were shocked when they arrived in court expecting the judge to schedule the next stages of the case, only to discover that the prosecution had already filed a fresh application seeking permission not to disclose the identity of six key witnesses.
According to Karua, the application was filed only a day earlier but had already been fixed for hearing by Justice Andrew Baguma.
Even more surprising to the defence, Karua said, was that they had not yet been served with the application before it was scheduled for hearing.
One of the defence lawyers, Erias Lukwago, reportedly received the documents late in the evening after 6:30 pm ,leaving most lawyers unaware that such an application even existed.
“We protested because what is now coming out is that the prosecution are receiving preferential treatment by the court,” Karua told journalists outside court.
She argued that justice must not only be done but must be seen to be done, accusing the court of fixing prosecution applications at what she called “supersonic speed.”
Karua noted that the defence team has filed more than six applications, including several bail requests, but none of them have been fixed for hearing in the same manner.
Despite the protest, the judge allowed the process to continue and ordered that the accused persons be personally served with the prosecution’s application by March 26th before he can rule on the application.
Defence lawyers later visited the accused in the holding cells to ensure they received the documents.
Karua explained that the defence team must first obtain instructions from their clients before responding to the application.
The lawyers will now consult with the accused persons, including at Luzira Prison, before returning to court.
Karua also explained that prosecutors failing to disclose evidence and witnesses required for the defence to prepare its case is unfair
Karua argued that withholding the identity of a witnesses undermines the rights of the accused.
“The accused persons must know the case before the court so that they can respond,” she said.
“If you are told that a phantom is giving evidence against you, how will you know whether you have ever met that person?”she added
The defence insists that the prosecution’s actions are delaying the progress of the trial, contrary to what authorities have suggested publicly.The matter is expected to resume on March 31, when the court will assess whether all parties have complied with the timelines.
During the previous court session on February 24, Justice Baguma directed the prosecution to provide all evidence by March 3. This evidence was expected to include: Witness statements, Audio and video, recordings, Forensic reports, Other documentary evidence. However, the defence says this has also not happened
