High Court Rules Muhoozi Did Not Interfere with Besigye's Treason Trial

High Court Judge Simon Peter Kinobe has dismissed a constitutional application filed by Dr. Kizza Besigye and Obeid Lutale, who alleged that their treason trial was compromised by the actions of Chief of Defence Forces Gen Muhoozi Kainerugaba.

Besigye and Lutale had argued that the deportation of their Kenyan lawyer, Martha Karua, and the subsequent detention of Ugandan lawyer Erias Lukwago constituted interference with their right to legal representation. Gen Muhoozi had publicly claimed responsibility for Karua’s deportation and Lukwago’s abduction, further fueling the applicants’ claims.

However, Justice Kinobe found that the applicants failed to establish a direct causal link between the actions of Gen Muhoozi and the government, and a substantial impairment of their access to legal representation or a fair hearing. The judge noted that Besigye and Lutale continued to be represented by a team of approximately 13 law firms, comprising over 50 advocates.

The court also highlighted the efforts of the trial court, which had adjourned proceedings on multiple occasions and offered a list of State Brief advocates to ensure the applicants’ right to counsel. Justice Kinobe stated that the deportation of Martha Karua was an immigration matter that should have been challenged through judicial review, not a constitutional application.

Regarding Erias Lukwago’s detention, the judge ruled that the arrest of a lawyer does not automatically violate another person’s right to legal representation. The critical question, he noted, was whether Lukwago’s absence, combined with other circumstances, substantially hindered Besigye and Lutale’s ability to secure effective legal representation, which the court found unproven.

The application was dismissed without an order for costs, acknowledging the fundamental constitutional questions raised. Besigye and his co-accused are scheduled to appear in court again on August 18, 2026, to address a medical report concerning Besigye’s fitness to stand trial.

Source: The Observer (Uganda)