The High Court in Kampala has ordered Chief of Defence Forces Gen Muhoozi Kainerugaba to file his defence within seven days in a human rights enforcement case filed by opposition politician Dr Kizza Besigye and his co-accused Hajji Obeid Lutale. The ruling has added a fresh twist to an already tense legal and political battle involving senior government and military officials.
The case was mentioned in court on Thursday during proceedings related to the ongoing treason trial involving Dr Besigye, Lutale, and Capt Denis Oola. However, the hearing did not proceed as expected because only Capt Oola was physically produced in court, while the other accused persons were absent.
Because of the absence of Besigye and Lutale, Justice Emmanuel Baguma adjourned the treason case to June 30 and issued a production warrant to ensure the accused are brought back to court for the next hearing. The court emphasized the need for all parties to be present for the case to proceed smoothly.
In the same session, the judge also issued important directions regarding a separate human rights enforcement application that had been filed by Besigye and Lutale. The application is directed at Gen Muhoozi Kainerugaba, two other senior military officers, and the Attorney General of Uganda.
The applicants argue that their constitutional rights were violated during their arrest and detention. They claim that they were abducted from Nairobi, Kenya, and unlawfully brought back to Uganda in what they describe as a breach of due process and international legal standards.
They further argue that their initial prosecution before the General Court Martial went against a Supreme Court ruling that prohibits trying civilians in military courts. This, they say, violated their right to a fair hearing and lawful trial procedures.
A major part of the case also focuses on statements allegedly made by Gen Muhoozi on social media platform X. One of the cited posts reportedly read: “We will hang KB on Heroes’ Day. That’s the best day for him to die.” The applicants say such remarks compromise the presumption of innocence.
According to their lawyers, these public statements also amount to psychological pressure and could influence the fairness of ongoing court proceedings. They argue that such conduct from a senior military official undermines the justice system.
In his ruling, Justice Baguma ordered Gen Muhoozi Kainerugaba to file his defence within seven days, marking a significant step in the human rights application process. The court emphasized that the matter must proceed without further delays.
Following the court session, the applicants’ legal team, led by Erias Lukwago, told journalists that they are prepared to ensure the court orders are fully implemented. He said they would take steps to serve Gen Muhoozi with the necessary court documents wherever he may be.
Lukwago emphasized that the legal team would not wait passively but would actively ensure that the Chief of Defence Forces is formally served with court papers. He said they had requested court assistance to facilitate the process of service.
The lawyers argue that proper service of court documents is essential for ensuring fairness and allowing all respondents an opportunity to defend themselves. They insist that no party, regardless of position, should be exempt from legal procedure.
The case continues to attract public attention due to the high-profile individuals involved and the serious allegations being made. It has also intensified debate about the limits of military authority, social media conduct by public officials, and human rights protections.
Supporters of Besigye view the ruling as an important step in holding powerful figures accountable, while government supporters argue that the matter should be handled carefully due to its political and security implications.
Legal experts note that the case could have far-reaching consequences depending on how the court handles issues such as jurisdiction, alleged abduction, and the role of military courts in prosecuting civilians.
For now, all eyes remain on Gen Muhoozi’s response, which is expected to shape the next stage of proceedings when the matter returns to court later this month.
