Opposition leader Col. (Rtd.) Dr Kizza Besigye and his co-accused, Hajji Obeid Lutale, have filed a fresh application before the High Court against the Chief of Defence Forces, Gen Muhoozi Kainerugaba, and the Attorney General, alleging that actions taken against members of their legal team have violated their constitutional rights and jeopardised their defence in an ongoing treason case.
The application, filed on June 29, 2026, seeks declaratory orders, permanent injunctions and aggravated damages. It is separate from the applicants' pending human rights enforcement case, which challenges their alleged abduction from Nairobi, torture and subsequent military detention.
According to the court documents, the latest application stems from the June 22 deportation of Kenyan Senior Counsel Martha Karua and the prosecution of Kampala Lord Mayor Erias Lukwago, both of whom form part of Besigye's legal team.
The applicants state that Karua, who they say holds a valid practising certificate authorising her to appear before Ugandan courts, arrived at Entebbe International Airport on June 22 to prepare for proceedings in the treason case.
They allege that while other members of her delegation were cleared to enter the country, Karua was detained, denied access to communication after her mobile phones were confiscated and later served with a notice declaring her a prohibited immigrant before being returned to Nairobi.
The application argues that the designation of "persona non grata" is not recognised as a lawful ground for excluding a private individual under the Uganda Citizenship and Immigration Control Act. It further contends that confiscating Karua's phones interfered with confidential lawyer-client communications.
The applicants also challenge the arrest and prosecution of Lukwago on charges of misprision of treason, arguing that the proceedings against him are connected to his role as defence counsel.
In a supporting affidavit, advocate Muhindo Morgan described the actions against the legal team as a deliberate attempt to interfere with the applicants' choice of representation.
"The pattern is unmistakable and admits of no innocent explanation: those advocates against whom no criminal proceedings can be fabricated are instead blocked, deported or physically prevented from attending to the defence; while others are seized, detained and intimidated under colour of process," Morgan states in the affidavit.
"A prosecution that selects its opponent's lawyers is no longer a prosecution but a persecution; and a trial in which the accuser dictates the very composition of the defence is the negation of a fair trial."
The application further cites public statements allegedly made by Gen Muhoozi Kainerugaba on his verified X account.
The applicants allege that the Chief of Defence Forces publicly claimed responsibility for blocking and deporting Karua, commented on the detention of Lukwago, declared Besigye guilty before the conclusion of his trial and made statements suggesting he should be executed.
The applicants argue that the alleged statements undermine the constitutional presumption of innocence, threaten the independence of the judiciary and interfere with their right to a fair hearing.
They are asking the High Court to issue declarations that their constitutional rights have been violated, restrain further interference with their legal representation and award aggravated damages.
The application was drawn and filed by a coalition of more than 10 Ugandan law firms, including Lukwago & Co. Advocates and Nalukoola Advocates. The High Court is yet to fix a hearing date.
