Besigye Sues Muhoozi Over Martha Karua’s Deportation

Dr. Kizza Besigye and his co-accused, Hajji Obeid Lutale, have filed an application with the High Court Criminal Division, seeking a declaration that their constitutional rights were violated by the deportation of their lead lawyer, Martha Karua.

The application, filed under the Human Rights (Enforcement) Act and various provisions of the Constitution, names Chief of Defence Forces Gen. Muhoozi Kainerugaba as the first respondent and the Attorney General as the second respondent.

They argue that Karua’s deportation is part of an ongoing effort to undermine their legal defense in the treason case, in which they are jointly charged with Captain Denis Oola.

The applicants want the Court to declare that they are entitled to legal representation by advocates of their choice, including Karua, whom they describe as their duly instructed lead counsel since November 2024.

According to the application, Karua arrived at Entebbe International Airport on June 22, 2026, to represent Besigye and Lutale but was allegedly blocked from entering Uganda, detained, had her mobile phones confiscated, and was later deported to Nairobi after being classified as a prohibited immigrant.

Besigye and Lutale argue that the immigration decision was unlawful because “persona non grata” is not among the grounds for classifying a person as a prohibited immigrant under Uganda’s Citizenship and Immigration Control Act.

They further contend that the decision was made without allowing Karua to be heard and was therefore contrary to the constitutional guarantees of fair hearing and due process.

They also claim the confiscation of Karua’s mobile phones compromised confidential advocate-client communications, thereby violating their constitutional rights to privacy and a fair hearing.

Besigye and Lutale further allege that Karua’s deportation was part of a campaign to obstruct their defence by intimidating members of their legal team.

The application also cites the alleged arrest, military detention and prosecution of former Kampala Lord Mayor and lawyer Erias Lukwago, who is part of their defence team.

They contend that Lukwago’s prosecution on allegations of misprision of treason was initiated because he was representing them rather than for any legitimate prosecutorial purpose.

They want the court to declare that the alleged actions against Lukwago amount to political persecution and constitute unlawful interference with the independence of the legal profession and the administration of justice.

Besigye and Lutale further accuse Gen. Muhoozi Kainerugaba of making public statements declaring Besigye guilty before trial, threatening his life and claiming responsibility for Karua’s deportation.

They argue that the statements violated Besigye’s constitutional rights, including the presumption of innocence, the right to life and the right to dignity, while also interfering with the independence of the judiciary.

Besigye and Lutale want the High Court to nullify the decision declaring Karua a prohibited immigrant or persona non grata. 

They further want the court to permanently restrain General Muhoozi Kainerugaba and the government from preventing her entry into Uganda for purposes of legal representation.

They are also seeking orders restraining authorities from continuing the prosecution of Lukwago over charges they say arise from his representation of the applicants, as well as an award of general, aggravated and exemplary damages for alleged violations of their constitutional rights.

In an affidavit,  Lawyer Morgan Muhindo says he personally reviewed public statements allegedly made by Gen. Muhoozi Kainerugaba on his verified X account, in which, according to the affidavit, the Chief of Defence Forces claimed responsibility for Karua’s deportation and commented on members of the applicants’ legal team.

Muhindo argues that the alleged conduct demonstrates a pattern aimed at determining who may legally represent Besigye and Lutale, contrary to constitutional guarantees of a fair hearing and international principles protecting the independence of lawyers.

He further contends that allowing prosecuting authorities or state officials to determine an accused person’s legal representation undermines public confidence in the administration of justice and compromises the fairness of criminal proceedings.

The application has been filed before the High Court Criminal Division, which is yet to fix the matter for hearing.

Also, the Court is yet to give timelines within which Muhoozi and the Attorney General, the listed respondents, should make their respective responses to this application.

Records before the High Court indicate that Besigye and Lutale were arrested in November 2024 in Nairobi at an event where Karua had reportedly organized a book launch. But the state alleges that Besigye and Lutale had reportedly gone on a planning mission on how to overthrow the ruling government of Uganda. Lukwago, on his part, was then arrested on June 15, 2026. Before his arrest, he was part of the legal team representing Besigye and Kamulegeya in the treason case against them.

Court records in the Besigye case allege that several opposition politicians, including Lukwago and activists, participated in meetings held outside Uganda where discussions about removing the government allegedly took place.

Prosecutors claim that some of these meetings were secretly recorded by an individual identified in court documents as an American national, Andrew Wilson, who later worked with Ugandan security agencies as an informant.