Home Trending News Current Affairs Besigye Suit Against Muhoozi Over Karua Deportation Assigned To Kinobe
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14 hours ago
Besigye Suit Against Muhoozi Over Karua Deportation Assigned To Kinobe
The High Court Criminal Division has set a timetable to hear an application by detained opposition politician Dr. Kizza Besigye and his co-accused, Hajji Obeid Lutale, who argue that the deportation of their lead lawyer, Kenyan Senior Counsel Martha Karua, violated their constitutional rights and undermined their defence in an ongoing treason case.
According to case management directions issued on July 17, 2026, Criminal Miscellaneous Application No. 0248 of 2026 has been assigned to Acting High Court Judge Simon Peter Kinobe for hearing and determination.
Although Justice Kinobe is substantively a judge in the Civil Division, he has been assigned to handle the application arising from the criminal proceedings. In directions communicated through Deputy Registrar Samuel Twakyire, Justice Kinobe ordered Besigye and Lutale to serve the application on the Chief of Defence Forces, Gen. Muhoozi Kainerugaba, and the Attorney General by the close of business on July 20, 2026. The court directed the respondents to file their affidavits in reply by July 23, while Besigye and Lutale have until July 28 to file any rejoinder affidavits.
Although Justice Kinobe is substantively a judge in the Civil Division, he has been assigned to handle the application arising from the criminal proceedings. In directions communicated through Deputy Registrar Samuel Twakyire, Justice Kinobe ordered Besigye and Lutale to serve the application on the Chief of Defence Forces, Gen. Muhoozi Kainerugaba, and the Attorney General by the close of business on July 20, 2026. The court directed the respondents to file their affidavits in reply by July 23, while Besigye and Lutale have until July 28 to file any rejoinder affidavits.
Written submissions by the applicants are due on July 31, with the respondents expected to respond by August 3. Any rejoinder submissions must be filed by August 6, and the court is scheduled to deliver its ruling on August 13, 2026.
The matter is being managed through the Electronic Court Case Management Information System (ECCMIS), with the Systems Administrator directed to ensure all parties are linked to the platform. In their application, filed under the Human Rights (Enforcement) Act and several constitutional provisions, Besigye and Lutale accuse Gen. Muhoozi Kainerugaba and the Attorney General of violating their constitutional rights by preventing Karua from representing them.
They contend that Karua, whom they describe as their lead counsel since November 2024, travelled to Uganda on June 22, 2026, to represent them but was denied entry at Entebbe International Airport, detained, had her mobile phones confiscated and was deported to Nairobi after being declared a prohibited immigrant. The applicants argue that the immigration authorities acted unlawfully because “persona non grata” is not among the grounds for declaring someone a prohibited immigrant under Uganda’s Citizenship and Immigration Control Act.
They further contend that Karua was denied a fair hearing before the decision was made. Besigye and Lutale also argue that confiscating Karua’s mobile phones compromised confidential lawyer-client communications, violating their constitutional rights to privacy and a fair trial. They further allege that the deportation formed part of a broader campaign to interfere with their legal representation, pointing to the prosecution of one of their lawyers, former Kampala Lord Mayor Erias Lukwago, on allegations of misprision of treason.
According to the application, Lukwago’s prosecution stems from his role as defence counsel rather than any criminal conduct. They are asking the court to declare the charges against him unconstitutional and an unlawful interference with the independence of the legal profession. The application also cites public statements allegedly made by Gen. Muhoozi Kainerugaba on his verified X account, in which he is said to have declared Besigye guilty before trial, threatened his life and claimed responsibility for Karua’s deportation.
The applicants argue that the statements violated Besigye’s constitutional rights, including the presumption of innocence, the right to life and the right to human dignity, while undermining judicial independence. They are seeking orders nullifying the decision declaring Karua a prohibited immigrant and permanently restraining the government from preventing her entry into Uganda to represent them. They also want the court to stop the prosecution of Lukwago over charges they say arise from his legal work, and are seeking general, aggravated and exemplary damages for the alleged constitutional violations.
In a supporting affidavit, lawyer Morgan Muhindo says he reviewed statements allegedly published on Gen. Muhoozi’s verified X account in which the Chief of Defence Forces claimed responsibility for Karua’s deportation and commented on members of the defence team. Muhindo argues that the conduct demonstrates a pattern of state interference in determining who may represent Besigye and Lutale, contrary to constitutional guarantees of a fair hearing and internationally recognised principles protecting the independence of lawyers.
Court records show that Besigye and Lutale were arrested in Nairobi in November 2024. Prosecutors allege they travelled to Kenya to plan the overthrow of the Ugandan government, accusations the accused deny. The prosecution further alleges that several opposition politicians and activists attended meetings outside Uganda where discussions about removing the government took place. According to court records, some of those meetings were secretly recorded by an American national, Andrew Wilson, who later worked with Ugandan security agencies as an informant.
Besigye, Lutale and their co-accused, Captain Denis Oola, remain on trial on treason-related charges. They are expected to appear before Criminal Division Judge Emmanuel Baguma on July 29, 2026. Proceedings in the treason case have been delayed pending the resolution of the dispute over Besigye’s legal representation, an issue now set to be determined by Justice Kinobe.
The matter is being managed through the Electronic Court Case Management Information System (ECCMIS), with the Systems Administrator directed to ensure all parties are linked to the platform. In their application, filed under the Human Rights (Enforcement) Act and several constitutional provisions, Besigye and Lutale accuse Gen. Muhoozi Kainerugaba and the Attorney General of violating their constitutional rights by preventing Karua from representing them.
They contend that Karua, whom they describe as their lead counsel since November 2024, travelled to Uganda on June 22, 2026, to represent them but was denied entry at Entebbe International Airport, detained, had her mobile phones confiscated and was deported to Nairobi after being declared a prohibited immigrant. The applicants argue that the immigration authorities acted unlawfully because “persona non grata” is not among the grounds for declaring someone a prohibited immigrant under Uganda’s Citizenship and Immigration Control Act.
They further contend that Karua was denied a fair hearing before the decision was made. Besigye and Lutale also argue that confiscating Karua’s mobile phones compromised confidential lawyer-client communications, violating their constitutional rights to privacy and a fair trial. They further allege that the deportation formed part of a broader campaign to interfere with their legal representation, pointing to the prosecution of one of their lawyers, former Kampala Lord Mayor Erias Lukwago, on allegations of misprision of treason.
According to the application, Lukwago’s prosecution stems from his role as defence counsel rather than any criminal conduct. They are asking the court to declare the charges against him unconstitutional and an unlawful interference with the independence of the legal profession. The application also cites public statements allegedly made by Gen. Muhoozi Kainerugaba on his verified X account, in which he is said to have declared Besigye guilty before trial, threatened his life and claimed responsibility for Karua’s deportation.
The applicants argue that the statements violated Besigye’s constitutional rights, including the presumption of innocence, the right to life and the right to human dignity, while undermining judicial independence. They are seeking orders nullifying the decision declaring Karua a prohibited immigrant and permanently restraining the government from preventing her entry into Uganda to represent them. They also want the court to stop the prosecution of Lukwago over charges they say arise from his legal work, and are seeking general, aggravated and exemplary damages for the alleged constitutional violations.
In a supporting affidavit, lawyer Morgan Muhindo says he reviewed statements allegedly published on Gen. Muhoozi’s verified X account in which the Chief of Defence Forces claimed responsibility for Karua’s deportation and commented on members of the defence team. Muhindo argues that the conduct demonstrates a pattern of state interference in determining who may represent Besigye and Lutale, contrary to constitutional guarantees of a fair hearing and internationally recognised principles protecting the independence of lawyers.
Court records show that Besigye and Lutale were arrested in Nairobi in November 2024. Prosecutors allege they travelled to Kenya to plan the overthrow of the Ugandan government, accusations the accused deny. The prosecution further alleges that several opposition politicians and activists attended meetings outside Uganda where discussions about removing the government took place. According to court records, some of those meetings were secretly recorded by an American national, Andrew Wilson, who later worked with Ugandan security agencies as an informant.
Besigye, Lutale and their co-accused, Captain Denis Oola, remain on trial on treason-related charges. They are expected to appear before Criminal Division Judge Emmanuel Baguma on July 29, 2026. Proceedings in the treason case have been delayed pending the resolution of the dispute over Besigye’s legal representation, an issue now set to be determined by Justice Kinobe.
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