Retired Col Dr Kizza Besigye and his co-accused, Hajj Obeid Lutale, have filed an application before the High Court in Kampala seeking declarations that the deportation of their lead defence lawyer, Kenyan Senior Counsel Martha Karua, was unconstitutional and unlawful.
The two applicants also seek orders against the Attorney General and Chief of Defence Forces Gen. Muhoozi Kainerugaba, alleging that Karua's removal from Uganda on June 22, 2026, was intended to deny them legal representation of their choice in an ongoing criminal trial.
The application, filed in the Criminal Division of the High Court, arises from Criminal Session Case No. 0335 of 2025 and a related human rights enforcement application.
According to the notice of motion dated June 29, Karua arrived lawfully at Entebbe International Airport, where immigration officials stamped her passport on arrival.
However, the applicants state that she was later "singled out from her delegation," detained incommunicado and had her mobile phones "forcibly stripped" from her.
The application states that she was subsequently served with a written notice declaring her a prohibited immigrant, with the sole reason given being that she was "persona non grata."
Karua was then deported to Nairobi the same day "without any lawful reason or opportunity to be heard," according to the court filing.
Besigye and Lutale argue that the decision violated Uganda's immigration laws because "persona non grata" is not among the grounds recognised under Section 52 of the Uganda Citizenship and Immigration Control Act for declaring a person a prohibited immigrant.
They further contend that the law reserves the power to order deportations to the minister responsible for internal affairs through a formal written order, which they say was never issued. Instead, the notice served on Karua was signed by a Principal Immigration Officer.
The application further alleges that the decision was made "at the dictation of the 1st Respondent, Gen. Muhoozi Kainerugaba," despite the applicants arguing that he has no statutory authority over immigration matters.
A supporting affidavit sworn by advocate Muhindo Morgan also relies on public statements allegedly made by Gen. Muhoozi on the social media platform X.
According to the affidavit, the Chief of Defence Forces "has openly threatened, ridiculed and mocked" Besigye, Lutale and Karua, publicly naming them and subjecting them "to public scorn and derision."
The affidavit further alleges that Gen. Muhoozi "boasted of, and claimed personal credit for, the blocking and forcible deportation" of Karua from Entebbe on June 22.
The applicants argue that such public statements undermine the constitutional presumption of innocence and interfere with ongoing judicial proceedings.
The application also raises concerns over the prosecution of Kampala Lord Mayor and senior lawyer Erias Lukwago, who is part of the defence team.
According to the filing, Lukwago was subjected to what it describes as "military abduction and/or purported arrest, incommunicado military detention, and mistreatment" by operatives acting under the respondents' authority.
He is now facing charges of misprision of treason, which the applicants argue stem directly from his legal representation of Besigye and Lutale.
The application describes Lukwago's prosecution as "unlawful and an abuse of the process of court," arguing that it is intended not for legitimate prosecution but to remove him from the defence team and intimidate other lawyers representing the accused.
The applicants further contend that the actions against both Karua and Lukwago form "part of a deliberate and sustained campaign to obstruct, intimidate and dismember the Applicants' defence team."
They argue that the actions violate their constitutional rights to a fair hearing and legal representation of their choice under Articles 28, 42 and 44 of the Constitution, which they describe as non-derogable rights.
The application also relies on the United Nations Basic Principles on the Role of Lawyers, arguing that lawyers should be allowed to perform their professional duties "without intimidation, hindrance, harassment or improper interference."
Among the remedies sought, Besigye and Lutale want the High Court to declare that they are entitled to legal representation of their choice, including Martha Karua, and that her deportation was unconstitutional and unlawful.
They are also asking the court to nullify the "persona non grata" designation, restrain the respondents from preventing Karua's future entry into Uganda or deporting her, and prohibit interference with any member of their legal team.
In addition, they seek orders stopping the prosecution of Lukwago on charges they contend are connected to his legal representation of the applicants, together with awards of general, aggravated and exemplary damages.
The notice of motion argues that unless the court intervenes, the applicants "will suffer irreparable harm and the fairness and integrity of the criminal trial will be irremediably compromised."
It adds that granting the requested reliefs would be "just, equitable, and in the interest of the administration of justice and the rule of law."
The application was filed by a coalition of law firms led by Lukwago & Co. Advocates together with several other legal chambers.
By press time, the High Court had not fixed the matter for hearing, and neither the Attorney General nor Gen. Muhoozi Kainerugaba had filed responses to the application.
