State seeks contempt proceedings against lawyer Eron Kiiza over Besigye trial posts

Kampala, Uganda | URN | The State has asked the High Court to find lawyer Eron Kiiza guilty of contempt of court over social media posts about a prosecution witness in the ongoing treason trial involving Dr. Kizza Besigye and two others, arguing that the publications could prejudice the proceedings and interfere with the administration of justice. The application, filed by the Director of Public Prosecutions (DPP) before the High Court Criminal Division in Kampala under Criminal Miscellaneous Application No. 296 of 2026, arises from Criminal Session Case No. 335 of 2025.

According to court documents, the DPP accuses Kiiza, one of the defence lawyers in the treason case, of publishing what it describes as prejudicial and derogatory statements on his verified X account about an active criminal trial. The prosecution alleges that the posts identified prosecution witness Andrew Wilson, an American national, questioned his credibility and encouraged public debate about the merits of a case that is still before court, contrary to the sub judice rule.

The State wants the court to find Kiiza guilty of criminal contempt committed outside the courtroom and is seeking an order committing him to civil prison for a punitive term or imposing a punitive fine. The DPP is also asking the court to order Kiiza to permanently delete the disputed posts, refrain from making further public comments on the evidence or merits of the ongoing trial, and publish a court-approved retraction and unconditional apology on his X account for seven consecutive days.

The State is also seeking costs of the application. The application is supported by an affidavit sworn by Detective Inspector of Police Benedict Odyek, an investigator attached to the Criminal Investigations Directorate. Odyek states that Dr. Besigye and two co-accused are facing charges of treason and misprision of treason before the High Court, and that Kiiza, as one of their advocates, made several social media posts during July 2026 commenting on evidence expected to be presented by the prosecution.

According to the affidavit, posts published on July 23, 24 and 25 allegedly discussed statements attributed to prosecution witness Andrew Wilson. The State claims Kiiza described the witness’s account as contradictory and untrue and, in another post, referred to him as a liar. Investigators say the posts have been preserved through digital forensic processes and contend that they pose “a clear, real and present risk” of prejudicing the trial, intimidating prospective witnesses and undermining the administration of justice.

The State also relies on a letter allegedly written by Kiiza on July 16, 2026, to state-appointed defence lawyers Sylvia Namawejje, Sarah Awero and Julius Sserwambala, asking them to cease representing the accused. Prosecutors argue that the letter, together with the subsequent social media posts, was intended to influence the conduct of the trial. According to the DPP, the timing of the publications coincided with key evidentiary rulings in the case and was aimed at influencing public opinion.

The prosecution argues that Kiiza, as an advocate of the High Court, was fully aware of the sub judice rule and his professional obligations but commented publicly on matters still before court. The High Court is expected to determine whether Kiiza should answer the allegations of criminal contempt. The application comes after the State earlier sought orders to protect the identities of prosecution witnesses in the Besigye trial but later withdrew the application, saying it was likely to delay the commencement of the hearing.

Despite the withdrawal, the trial has repeatedly stalled, largely because of concerns raised by Dr. Besigye over the treatment of his legal team. Besigye has complained about the arrest of his lawyer, Erias Lukwago, who is on remand facing charges of misprision of treason linked to the same case, and the deportation of his lead counsel, Martha Karua, from Entebbe International Airport. Those issues remain the subject of a separate application before Justice Simon Peter Kinobe. Meanwhile, trial judge Emmanuel Baguma ruled that Besigye should be represented by state-funded lawyers, a decision Besigye rejected, insisting on lawyers of his choice.

During one court session, he protested the proceedings and collapsed before later being admitted to hospital. This is not the first time Kiiza has faced legal action while representing Besigye. On January 7, 2025, the then General Court Martial summarily convicted him of contempt of court and sentenced him to nine months’ imprisonment while he was representing Besigye and his co-accused, Obeid Kamulegeya. Kiiza was released on bail on April 4, 2025, after spending 87 days in Kitalya Prison, when Justice Michael Elubu granted him cash bail of Shs20 million pending the hearing of his appeal.

Speaking to Uganda Radio Network, Kiiza described the latest application as an attempt to silence him and prevent the public from receiving information about the Besigye case. He argued that the proceedings are unconstitutional and said the Office of the Director of Public Prosecutions owes both him and the public an apology. “The State has now instituted proceedings to silence me from doing the good work I am doing and also to deny the public information arising from the Besigye matter. This is unconstitutional, and the office of the DPP owes me and the public an apology,” Kiiza said.

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