By Ben Musanje
Retired Col. Dr. Kizza Besigye and his co-accused, Hajj Obeid Lutale, have filed a fresh application before the High Court seeking to overturn the government’s decision to deport Kenyan lawyer and former Justice Minister Martha Karua, while accusing Chief of Defense Forces Gen. Muhoozi Kainerugaba of orchestrating a campaign to undermine their legal defense.
In the application lodged before the Criminal Division of the High Court, Besigye and Lutale ask the court to declare that the June 22 deportation of Karua from Entebbe International Airport was unlawful and violated their constitutional right to legal representation by counsel of their own choosing.
The application, which also names the Attorney General as the second respondent, arises from the applicants’ ongoing treason proceedings before the High Court and a separate human rights enforcement case challenging their arrest, transfer to Uganda and detention.
The filing marks the latest legal battle arising from the politically charged prosecution of Besigye, one of Uganda’s longest-serving opposition figures, and significantly broadens the dispute beyond the criminal charges to include allegations of interference with his defense team.
At the center of the application is Senior Counsel Martha Karua, the former Kenyan Minister of Justice and a prominent opposition politician, who has represented Besigye since late 2024.
According to the court documents, Karua had travelled to Uganda on June 22 to represent Besigye and Lutale in both their criminal trial and their human rights application.
The applicants contend that although she initially cleared immigration procedures and her passport was stamped, she was later isolated from the rest of her delegation, detained and ultimately returned to Nairobi after immigration officials served her with a notice declaring her a prohibited immigrant.
They argue that the only reason stated on the notice was that Karua had been declared “persona non grata”—a diplomatic expression they contend has no legal basis under Uganda’s Citizenship and Immigration Control Act for classifying an individual as a prohibited immigrant.
The application argues that immigration officials acted without lawful authority and that the decision was taken without affording Karua an opportunity to be heard.
Besigye and Lutale further ask the court to nullify the decision declaring Karua a prohibited immigrant and permanently restrain the government from preventing her from entering Uganda to represent them in future proceedings.
They also want the High Court to direct government agencies to facilitate confidential communication between them and their legal team and to ensure that their lawyers are allowed to perform their professional duties without intimidation, arrest or interference.
A major feature of the application is the inclusion of Gen. Muhoozi Kainerugaba as the first respondent.
The applicants allege that the Chief of Defense Forces publicly acknowledged responsibility for Karua’s deportation through posts made on his verified social media account and that he has also made public statements regarding Besigye’s guilt while the criminal proceedings remain pending before court.
According to the application, those statements undermine Besigye’s constitutional right to be presumed innocent until proven guilty and interfere with the independence of the judiciary.
The applicants are asking the High Court to declare that such public pronouncements violated constitutional protections relating to the right to life, dignity and a fair hearing.
The application also links Karua’s deportation to what Besigye and Lutale describe as a broader pattern of interference with their legal representation.
They allege that members of their defense team have faced intimidation, arrests and other actions designed to discourage them from representing the two accused persons.
Among the issues raised is the recent arrest and prosecution of former Kampala Lord Mayor Erias Lukwago, who is also one of Besigye’s lawyers.
The applicants contend that Lukwago’s prosecution on allegations related to misprision of treason is directly connected to his role as defense counsel and amounts to an abuse of the criminal justice process.
They ask the High Court to permanently prohibit authorities from continuing with any prosecution against Lukwago that arises from his legal representation of Besigye and Lutale.
According to the application, prosecuting a lawyer over matters connected to confidential communications with a client would undermine advocate-client privilege and discourage lawyers from representing clients in politically sensitive cases.
The applicants further seek a declaration that any intimidation, arrest, detention or deportation of members of their legal team amounts to unlawful interference with the independence of the legal profession.
They rely on provisions of Uganda’s Constitution protecting the right to a fair hearing, legal representation and access to justice, as well as the United Nations Basic Principles on the Role of Lawyers, which require governments to allow lawyers to perform their professional duties free from intimidation, harassment or improper interference.
The application also contains detailed arguments challenging the legal basis upon which Karua was denied entry into Uganda.
According to the applicants, the Immigration Act contains an exhaustive list of categories of prohibited immigrants and “persona non grata” is not one of them.
They further argue that the immigration officer who signed the notice lacked legal authority to order Karua’s removal from Uganda because, under the law, deportation orders are reserved for the minister responsible for immigration.
In addition, the applicants contend that the legal provision cited in Karua’s removal notice relates only to airline obligations for transporting passengers and does not confer power to exclude individuals from entering the country.
The application also raises concerns over the temporary confiscation of Karua’s mobile phones during the incident at Entebbe International Airport.
According to Besigye and Lutale, that action threatened the confidentiality of privileged communications between lawyer and client and therefore violated constitutional protections relating to privacy and fair trial rights.
In support of the application, advocate Muhindo Morgan filed an affidavit stating that he had personally reviewed public statements allegedly made by Gen. Muhoozi on social media concerning Besigye, Karua and Lukwago.
Morgan argues that the cumulative effect of the alleged deportation, public statements and legal actions against members of the defense team demonstrates a deliberate effort to determine who may legally represent the applicants.
He further contends that allowing prosecuting authorities or state officials to influence the composition of a defense team would undermine public confidence in the administration of justice.
“The Applicants will be put to their trial stripped of the counsel of their choice,” the affidavit argues, adding that such circumstances would compromise the constitutional guarantee of a fair hearing.
Besides seeking declaratory orders, Besigye and Lutale are asking the High Court to award them general, aggravated and exemplary damages for the alleged violation of their constitutional rights under the Human Rights (Enforcement) Act.
They also seek permanent injunctions restraining government officials from blocking Karua’s future entry into Uganda and from interfering with any member of their legal team while carrying out professional duties.
The respondents have not yet filed their responses to the application, and the High Court has not determined the merits of the claims.
The application is expected to add another significant legal dimension to the already closely watched proceedings involving Besigye and Lutale, whose criminal trial and related constitutional challenges continue to attract widespread political and legal attention in Uganda and across the East African region.
The court will ultimately determine whether the applicants’ constitutional rights were violated and whether the reliefs they seek—including the reversal of Karua’s deportation and protection of their defense team—should be granted. (For comments on this story, get back to us on 0705579994 [WhatsApp line], 0779411734 & 041 4674611 or email us at mulengeranews@gmail.com).
