The Director of Public Prosecutions (DPP) has filed an application seeking to have lawyer Eron Kiiza committed for criminal contempt of court, accusing him of violating the sub judice rule by publishing comments about an ongoing treason trial involving opposition figure Dr Kizza Besigye and two others.
In a yet-to-be verified application, filed before the High Court Criminal Division in Kampala, accuses Kiiza of using his verified X (formerly Twitter) account to comment on the evidence and credibility of prosecution witnesses in Uganda v Dr Kizza Besigye & 2 Others, Criminal Session Case No. 335 of 2025.
The DPP argues that Kiiza's posts amounted to a parallel trial in the court of public opinion, with the potential to prejudice the proceedings, intimidate witnesses and undermine the administration of justice.
The prosecution is seeking orders declaring human rights lawyer Kiiza guilty of criminal contempt committed outside court, commonly referred to as contempt ex facie curiae, and wants him committed to civil prison or fined.
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The DPP is also asking the court to order Kiiza to permanently delete the posts, stop making further public comments about the merits of the case, and publish a court-approved apology and retraction on his X account for seven consecutive days.
The application follows a series of posts by Kiiza in July 2026 concerning a state witness identified as Andrew Wilson Orlando, whom the prosecution intends to rely on in the case against Besigye and his co-accused.
According to an affidavit sworn by Deputy Inspector of Police Benedict Odyek, a Criminal Investigations Directorate officer attached to the investigation, Kiiza on July 23 published a post titled "Andrew Wilson alias Orlando -- Two different dates for the same Geneva meeting", in which he examined alleged contradictions in the witness statement.
The following day, July 24, Kiiza allegedly published another post titled "Andrew Wilson Orlando's impossible timeline", where he described the witness statement as "untrue". On July 25, he retweeted the post and allegedly referred to the witness as a "liar".
The DPP contends that the publications attacked the credibility of a prosecution witness before he had testified in court and risked influencing public perception of the trial.
The prosecution further accuses Kiiza of publicly challenging state-appointed defence lawyers involved in the case.
According to the affidavit, Kiiza wrote to state-appointed counsel Sylvia Namawejje, Sarah Awero and Julius Sserwambala on July 16, asking them to "cease and desist" from representing the accused persons.
The DPP argues that the letter and subsequent social media activity were intended to pressure the lawyers and interfere with the conduct of the trial.
Kiiza, who represents Dr Besigye and his co-accused, was previously jailed by the military court after being convicted of contempt of the General Court Martial during proceedings involving his client.
In January 2025, the General Court Martial sentenced Kiiza to nine months' imprisonment after finding him guilty of contempt following a confrontation during court proceedings.
The military court accused him of misconduct after he allegedly disobeyed directives and disrupted proceedings while representing Dr Besigye.
Kiiza was arrested and detained after he protested restrictions placed on his participation in the proceedings. His conviction attracted criticism from sections of the legal fraternity and human rights activists, who questioned the trial of a civilian lawyer before a military court.
He was later released after serving part of the sentence, following legal challenges and public debate over the military court's jurisdiction over civilian lawyers.
The current contempt application before the High Court is separate from the earlier military court case and arises from Kiiza's public commentary on the civilian treason trial.
The prosecution maintains that as an advocate of the High Court and an officer of court, Kiiza was aware of his professional obligations and the restrictions imposed by the sub judice principle.
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"The respondent is fully aware of the sub judice rule and his professional ethical obligations under the Advocates (Professional Conduct) Regulations, yet has chosen to execute a parallel trial in the court of public opinion via social media," Odyek stated in the affidavit.
The DPP says Kiiza's publications were deliberately timed around key evidential proceedings in the case and demonstrated an intention to prejudice the judicial process.
The treason case against Dr Besigye and two others remains before the High Court, with the accused facing charges of treason and misprision of treason.
The High Court has not yet ruled on the DPP's application against Kiiza, who told the Nile Post that he was out of the country.
Kiiza recently joined a string of high-profile political and civic leaders forced into exile such as opposition leader and National Unity Platform president Robert Kyagulanyi and former Kira Municipality MP and People's Front for Freedom spokesperson Ibrahim Ssemujju Nganda.
