Court dismisses Besigye application against Gen Muhoozi

The High Court has dismissed an application filed by former presidential candidate Dr Kizza Besigye challenging the conduct of the Chief of Defence Forces, Gen Muhoozi Kainerugaba, in relation to his arrest and prosecution.

Besigye and Obed Lutale, through a team of lawyers from 23 law firms led by Lukwago & Co Advocates and AF Mpanga Advocates, had sought their unconditional release from detention and the nullification of charges against them. The applicants argued that their rights to a fair trial had been violated.

They also asked court to compel Gen Muhoozi to meet the costs of their treatment and rehabilitation at the African Centre for the Treatment and Rehabilitation of Torture Victims (ACTV), or any other comparable facility.

In their affidavits, Besigye and his co-accused, including Lutale, claimed they were unlawfully abducted from Nairobi, Kenya, by Ugandan security operatives and forcibly returned to Uganda without due process.

They alleged that the operation involved senior military officers, including Col Peter Ahimbisibwe and Lt Col Ephraim Byaruhanga, and that they were subsequently detained incommunicado at Makindye Military Barracks. The applicants further argued that they were denied access to lawyers and medical personnel and were held beyond the constitutional 48-hour detention limit in an ungazetted facility.

Besigye also contended that Gen Muhoozi made public statements threatening him and portraying him as a criminal, which he said undermined his right to a fair trial.

However, in their response, the respondents denied the allegations, stating that the applicants were neither arrested nor abducted by Ugandan security agencies from Kenya. They further maintained that the named officers did not participate in any such operation.

The respondents also argued that statements attributed to Gen Muhoozi were irrelevant to the ongoing criminal proceedings and that the charges against the applicants were based on facts, law and evidence, and were not malicious.

In his ruling, Justice Emmanuel Baguma held that the application lacked merit and was intended to delay the trial.

“The speedy trial of the applicants is not only their fundamental right, but it is also in the public interest that the trial is concluded as soon as possible,” Baguma ruled.

The judge observed that the applicants had contributed to delays in the proceedings through repeated objections at various stages of the trial.

“This court will not allow the applicants to take advantage of or seek refuge in further delays,” he said, noting that the prosecution had also contributed to delays by failing to make timely disclosures.

Justice Baguma further ruled that allegations of human rights violations cannot automatically lead to the nullification or termination of a criminal trial where other parties’ rights must also be protected.

“There is no reason whatsoever to warrant nullification and termination of the trial on the basis of the alleged violation of human rights and freedoms,” he said.

“It is my considered opinion that this application is incompetent and an abuse of court process intended to delay the trial.”

The court consequently dismissed the application, clearing the way for the trial to proceed.

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