Nakawa Court remands PFF flag bearer Samuel Makokha on misprision of treason charge
Former Busia municipal MP hopeful faces detention at Luzira until a bail hearing on 16 November; defence lawyers argue the case is “misconceived”.
The Nakawa Chief Magistrates Court on Tuesday ordered the remand of Samuel Makokha, the People’s Front for Freedom (PFF) flag bearer for the Busia Municipality parliamentary seat, to Luzira Prison on a charge of misprision of treason. Makokha, 38, was denied bail and will remain in custody pending a bail application scheduled for 16 November.
According to the prosecution, Makokha “got to know” that Dr Kizza Besigye, the founder of the PFF and a four time presidential candidate, allegedly planned to commit treason last year.
Prosecutors allege that Makokha failed to report the alleged plot to the authorities, thereby committing the offence of misprision of treason under Section 94 of the Penal Code Act, which criminalises the deliberate concealment of knowledge of a treasonous undertaking.
Makokha, however, rejected the accusation. “I have no knowledge of any treasonous plan, and I certainly did not withhold any information from the authorities,” he told the court through his counsel.
Defence calls the charge “misconceived”
After the hearing, Makokha’s legal team, lead counsel Bayern Turinawe and co‑counsel Kakuru Tumusiime, said the case rests on a flawed premise. “We feel like that charge is one that is misconceived because Dr Kizza Besigye has not been convicted of treason for you now to say that someone got to know that he was about to commit treason and he didn’t tell the authorities,” Kakuru said.
The lawyers also highlighted that Besigye remains on remand at Luzira for over a year on separate allegations, but has not been formally charged or convicted of treason.
“The prosecution is imputing a crime to a person who, to date, has not been found guilty of any treasonous act. To then charge my client with failing to report something that has not been proven is untenable,” Turinawe added.
Bail denied amid procedural hiccups
The magistrate’s decision to remand Makokha was influenced in part by the absence of the state attorney, who did not appear in court on Tuesday. “The state counsel’s non‑appearance meant we could not consider a bail application at this stage,” the court clerk explained. The magistrate ordered a new bail hearing for 16 November, giving the prosecution an additional week to file the necessary documentation.
Human rights observers expressed concern over the use of the rarely invoked misprision of treason charge.
