The High Court in Kampala has given the Chief of Defense Forces, General Muhoozi Kainerugaba, seven days to file his defense to an application filed by jailed opposition leader Dr Kizza Besigye. Besigye sued General Muhoozi Kainerugaba for issuing several threats, including threatening to hang him on Heroes’ Day.
The order was issued on Thursday by the Criminal Division Judge Emmanuel Baguma. He directed the five respondents to file their reply by June 18th, 2026, and ordered that in case of any rejoinder, it should be made by June 25th, while hearing of the matter was fixed for June 30th, 2026.
The other officers in the suite are Col Peter Ahimbisibwe, Lt Col Ephraim Byaruhanga, who are UPDF officers and alleged to have gone to Kenya and commanded the operation that led to the abduction of Besigye and his co-accused aide Hajji Obeid Lutale, with whom they are in trial for treason-related charges together with Captain Denis Oola. The other respondent is the Attorney General.
Central to the application are allegations that Gen. Muhoozi Kainerugaba repeatedly made public statements that prejudiced Besigye’s right to a fair hearing and threatened his life. The court documents cite several statements attributed to Muhoozi on a social media platform X. Among them is a January 16, 2025, post allegedly stating: “We will hang KB on Heroes’ Day. That’s the best day for him to die.”
The applicants also cite a February 19, 2026, statement in which Muhoozi allegedly wrote: “Besigye wanted to kill Mzee, so as far as we are concerned, UPDF, he is a dead man walking.” The application further references another statement allegedly made around April 2026 in which Muhoozi said: “I think we might hang Besigye by next month. If we don’t hang him, we will shoot him dead. That will be a great day for Uganda.”
Other statements cited include declarations that Besigye would leave prison “only in his coffin after we hang him or shoot him, or on his knees apologising” to President Yoweri Museveni, and that he would not be released until he faced “the full extent of martial law.” The applicants argue that the statements amount to public prejudgment of guilt, threats of extrajudicial punishment, psychological torture, and interference with judicial independence.
“The 1st Respondent’s statements, individually and cumulatively, constitute direct threats to life, psychological and mental torture, the public prejudgment of guilt, and interference with the independence and impartiality of the Court,” the application states. The lawyers contend that such pronouncements by the country’s top military officer create an atmosphere that undermines the constitutional presumption of innocence and places pressure on the trial court before evidence has been heard. The application further raises concerns about delays in the trial process.
Meanwhile, the treason trial was expected to begin on Thursday. However, Assistant Superintendent of Prison Emmanuel Hiire has informed the Judge that Dr Kizza Besigye and Lutale were not in Court because they cited pending issues between their lawyers and the Court itself. When Judge Baguma asked why Dr. Besigye and Lutale had missed court, Hiire said he should write to the Commissioner General of Prisons Dr Johnson Byabashaija.
Uganda Radio Network understands that the standoff is related to the said application against Muhoozi, the two soldiers, as well as the Attorney General. Besigye and Lutale accuse trial Judge Baguma of bias and incompetence for having failed to grant the lawyers for the accused persons ample time to meet in prison with gadgets and other facilities to enable them to prepare for the trial properly. While in Court, Captain Denis Oola, who is the only accused person who has shown up out of the three people on the file; he decried to the Judge that even while in prison, he is not allowed to interact with his co-accused, Dr Besigye and Lutale.
Oola wondered how justice would be given if he could not discuss and meet with the people, he is in jail with, and on the same file. Captain Denis Oola, who is represented in Court by Major Simon Busagwa Nsubuga, was driven alone in a prison bus. He was guarded by more than 20 security warders and officers from Luzira prison and the Joint Anti-Terrorism Task Force.
Earlier on, Besigye and Lutale’s lawyers, led by Senior Counsel Martha Karua, Erias Lukwago, and Eron Kiiza, informed the Court that there is no way they can proceed with the trial today as earlier scheduled in the absence of their clients in the interest of a fair hearing. Oola’s lawyer, Major Nsubuga Busagwa, said Article 28 is couched in Mandatory terms, regarding the right to a fair hearing. He noted that he didn’t have a chance, time, or leverage to meet his client. He added that the orders issued by the Court were defeated and therefore, he was unable to proceed with the trial today.
The supporters of the accused persons commanded by Ingrid Turinawe equally had earlier sung protest songs saying they had instructions from Besigye to reject Judge Baguma, whom they described as Pontius Pilate. Assistant Director of Public Prosecutions Thomas Jatiko said he had come with two witnesses who were ready to testify in the case. He said they were within the Court premises. In the same vein, the Court has issued a Production warrant ordering the Uganda Prison Services to produce Besigye on June 30th, 2026, for the hearing of the application to commence before trial can go on.
The pending Case where Muhoozi has been ordered to file a defense is Miscellaneous Application No. 922 of 2026 arising from Criminal Session Case No. 335 of 2025.
Besigye and Lutale are currently facing charges of treason and misprision of treason before the High Court. Through their lawyers, they argue that the circumstances surrounding their arrest, detention, and prosecution have irreparably compromised their right to a fair trial. The applicants are seeking several declarations from the court, including a finding that their alleged abduction from Nairobi, Kenya, on November 16, 2024, by Ugandan military officers was unlawful and rendered subsequent criminal proceedings legally impermissible.
They further contend that their detention at Makindye Military Barracks before being produced in court violated constitutional protections against arbitrary detention and torture.
According to court documents, Besigye and Lutale claim they were forcibly seized in Nairobi while attending events connected to a book launch hosted by Kenyan politician and lawyer Martha Karua. They allege they were transported back to Uganda without extradition proceedings, detained incommunicado for four days, denied access to lawyers, family members, and medical personnel, and later arraigned before the General Court Martial.
The application also challenges the legality of their continued prosecution following the Supreme Court decision in Attorney General versus Michael Kabaziguruka, which restricted the trial of civilians before military courts.
Besigye and Lutale argue that despite court orders requiring disclosure of prosecution evidence, the prosecution delayed compliance, resulting in the trial failing to commence by June 2026. In an affidavit supporting the application, advocate and human rights defender Tumusiime Kakuru, a member of the defence team, argues that the cumulative effect of the alleged violations has rendered a fair trial impossible.
Kakuru states that the applicants were initially charged before a military tribunal despite existing Constitutional Court decisions restricting the trial of civilians in military courts. He further contends that the prolonged proceedings, detention, and alleged violations of due process warrant judicial intervention.
The applicants are asking the High Court to nullify and terminate the criminal proceedings against them, order their unconditional release, direct the government to facilitate treatment and rehabilitation for alleged torture-related trauma, and award costs of the application.
Dr Kizza Besigye is jointly charged with Obeid Lutale and Captain Denis Oola with treason charges for allegedly plotting to overthrow the government. Prosecutors allege that the trio held meetings in Geneva, Athens, Nairobi, and Kampala to solicit funds, acquire weapons, and organise paramilitary operations.
According to the state, Besigye allegedly met a Kurdish intelligence agent identified as Andrew Wilson (AW) and received $5,000 to facilitate the transport of 36 Ugandan recruits to Kisumu, Kenya, for military training. The recruits were reportedly intercepted and deported before the training began.
The prosecution further alleges that Besigye sought surface-to-air missiles, ricin poison, counterfeit currency, and planned to use drone technology to assassinate President Yoweri Museveni. The state claims it has audio and video recordings, social media messages, immigration documents, and phone logs linking the accused to the alleged plot-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
