Martha Karua, the lead lawyer in the trial of Dr. Kizza Besigye and co-accused Hajji Obeid Lutale, has asked the High Court Criminal Division in Kampala to intervene to challenge her recent deportation from Uganda. She says her deportation from Uganda and exclusion from representing retired Colonel Dr. Kizza Besigye and Hajji Obeid Lutale undermine their constitutional right to a fair hearing.
In an affidavit filed in the High Court, Karua says she was denied entry into Uganda on June 22, 2026, despite holding a Special Practising Certificate issued by the Uganda Law Council authorizing her to practice before Ugandan courts.
The affidavit supports an application arising from the treason case involving her clients, Dr. Besigye and Lutale, as well as an earlier application in which the two inmates accuse the Chief of Defence Forces, Gen. Muhoozi Kainerugaba, of having illegally deported Kenya’s former minister, Senior Counsel Martha Karua. Besigye also petitioned the court, complaining about death threats by General Muhoozi Kainerugaba.
Karua says she has led the Besigye and Lutale defence since November 2024. She states that on June 11, Justice Emmanuel Baguma fixed the said application for hearing for June 30 and directed the respondents, including Gen. Kainerugaba, to file their responses.
According to Karua, she then travelled to Uganda on June 22 aboard a Kenya Airways flight accompanied by two colleagues, including the President of the Law Society of Kenya, to participate in proceedings involving her clients and matters affecting members of the defence team.
She says that after her passport was stamped by immigration officials at Entebbe International Airport, she was separated from the rest of her delegation, who were allowed into the country, and escorted to the office of the Principal Immigration Officer.
Karua alleges that immigration officers confiscated her two mobile phones without explanation before informing her that she would not be permitted to enter Uganda because of unspecified security concerns.
She further states that although officials later returned the phones, she declined to receive them, saying she feared privileged communications relating to her clients’ defence may have been accessed or interfered with while the devices were in official custody.
According to the affidavit, immigration authorities later served her with a notice directing Kenya Airways to remove her from Uganda after classifying her as a prohibited immigrant. The notice reportedly described her as “persona non grata” under the Uganda Citizenship and Immigration Control Act.
Karua argues that persona non grata is not a legally recognized ground for denying entry under the Act and says she was deported to Nairobi without being given reasons or an opportunity to challenge the decision.
She also claims she was subjected to degrading treatment despite being an East African Community citizen travelling on a valid East African passport and possessing authorization to practice law in Uganda.
In the affidavit, Karua alleges that the difficulties facing the defence team escalated following the recent arrest and detention of fellow defence lawyer Erias Lukwago.
She contends that her deportation forms part of what she describes as a deliberate campaign aimed at dismantling the legal team representing Besigye and Lutale. Karua further relies on a series of posts she attributes to Gen. Muhoozi Kainerugaba’s verified X account published on June 23, 2026.
Among the statements reproduced in the affidavit is one in which Gen. Kainerugaba allegedly wrote, “Do not blame my great father for this decision. I deported her myself. She’s no longer allowed in our country.”
The affidavit also cites other posts allegedly stating that Besigye “will not escape his just sentence” and that “we will hang him very soon.”Karua argues that the statements amount to an admission that Gen. Kainerugaba personally ordered her deportation despite serving as Chief of Defence Forces.
She contends that under Article 208 of the Constitution, the Uganda People’s Defence Forces are subordinate to civilian authority and that the Chief of Defence Forces has no constitutional mandate to direct immigration decisions.
Karua further argues that her exclusion from Uganda has deprived Besigye and Lutale of legal representation of their choice and jeopardizes their constitutional right to a fair trial.
She asked the High Court to intervene and that unless the court acts, the independence of the legal profession, the applicants’ right to a fair hearing and the constitutional order risk being irreparably undermined.
The application names Gen. Muhoozi Kainerugaba as the first respondent and the Attorney General as the second respondent, who are yet to make responses in this matter. Besigye and Lutale were arrested in Nairobi in November 2024 during a book launch event organised by Martha Karua.
Prosecutors, however, allege that the pair had travelled to Kenya to coordinate plans to overthrow the Ugandan government.
The prosecution further claims that several opposition politicians and activists, including Erias Lukwago, participated in meetings held outside Uganda where plans to remove the government were allegedly discussed. Court records also indicate that some of the meetings were covertly recorded by an American national identified as Andrew Wilson, whom prosecutors describe as an informant who later worked with Ugandan security agencies-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
