The Uganda Law Society (ULS) has criticised the High Court’s handling of a case involving opposition politician Dr Kizza Besigye and his co-applicant Hajji Obeid Lutale, warning that the country’s transition to electronic case management risks undermining access to justice and transparency.
In a statement issued on Monday, ULS President Isaac K. Ssemakadde, SC, expressed concern over case management directions issued by High Court Judge Simon Peter M. Kinobe on July 17 in High Court Miscellaneous Application No. 0248 of 2026, in which Dr Besigye and Lutale are suing Gen. Muhoozi Kainerugaba and the Attorney General.
The legal body argued that the directions, issued under the Electronic Court Case Management Information System (ECCMIS), impose unrealistic electronic filing deadlines on applicants who are on remand and lack access to computers, internet services, legal support and other resources required to comply with the court’s timetable.
According to the Law Society, the move creates an uneven playing field by requiring incarcerated applicants to meet strict electronic filing requirements while the respondents, including the Attorney General and a senior military official, have access to extensive state resources.
“The directions institutionalise unequal justice and severely undermine open justice,” Ssemakadde said in the statement.
ULS further argued that the directives place administrative efficiency ahead of constitutional safeguards, warning that the increasing reliance on electronic court processes could limit public scrutiny of judicial proceedings.
The Society maintained that the current framework does not provide sufficient guarantees for public and media access to court proceedings and records, which it says are protected under Articles 28, 29, 41 and 126 of the Constitution.
It also questioned the timelines issued by the court, saying they were impractical for applicants in custody who have limited access to legal materials and communication facilities.
The lawyers’ body further criticised the absence of a pre-hearing scheduling conference, arguing that such a session would allow the court to address logistical challenges facing the applicants before substantive proceedings begin.
ULS also expressed concern over the lack of contingency measures for power outages, internet disruptions and technical failures, warning that dependence on electronic systems without adequate safeguards could compromise the administration of justice.
“The unchecked pursuit of a paperless regime, without robust constitutional safeguards, is creating a dangerous architecture of opaque justice that is convenient for the powerful but destructive to the rule of law,” the statement reads.
The Society has called on Justice Kinobe to review the case management directions by extending filing timelines and ensuring meaningful access to justice for the applicants, the public and the media.
It also renewed its call for the withdrawal of the Chief Justice’s Administrative Circular No. 1 of 2026, urging the Judiciary to develop new guidelines that place constitutional principles of open justice, fair hearing and equality of arms above administrative convenience.
The case stems from an application filed by Dr Besigye and Hajji Obeid Lutale seeking court protection for their defence lawyers amid what they allege is a coordinated campaign of intimidation and repression.
The Judiciary had not responded to the Uganda Law Society’s latest concerns by press time.
