Court orders Muhoozi to file defence in Besigye hanging case

The High court in Kampala has given Chief of Defence Forces (CDF) Gen Muhoozi Kainerugaba just seven days to file his defence in an application brought by jailed opposition leader Dr Kizza Besigye.

Besigye accuses Muhoozi of making a series of public statements that allegedly threatened his life and prejudiced his right to a fair trial. The order was issued on Thursday by justice Emmanuel Baguma of the Criminal Division, who directed all five respondents to file their responses by June 18, 2026. Any rejoinders must be filed by June 25, while the application will be heard on June 30.

The other respondents are Col Peter Ahimbisibwe, Lt Col Ephraim Byaruhanga and the Attorney General. Ahimbisibwe and Byaruhanga are alleged to have participated in the operation that led to the arrest of Besigye and his co-accused, Hajj Obeid Lutale, in Kenya.

At the centre of the application are allegations that Muhoozi repeatedly made public statements on social media platform X that amounted to threats and undermined Besigye’s right to a fair hearing.

Among the statements cited is a January 16, 2025 post allegedly stating: “We will hang KB on Heroes’ Day. That’s the best day for him to die.”

The applicants also reference a February 19, 2026 post in which Muhoozi allegedly wrote: “Besigye wanted to kill Mzee, so as far as we are concerned, UPDF, he is a dead man walking.”

Another statement cited in court documents allegedly read: “I think we might hang Besigye by next month. If we don’t hang him, we will shoot him dead. That will be a great day for Uganda.”

The application further cites statements suggesting Besigye would leave prison only “in his coffin” or after apologising to President Yoweri Museveni, as well as comments indicating he would not be released until subjected to “the full extent of martial law.”

According to the applicants, the statements amount to public prejudgment of guilt, threats of extrajudicial punishment, psychological torture and interference with judicial independence.

“The 1st respondent’s statements, individually and cumulatively, constitute direct threats to life, psychological and mental torture, the public prejudgment of guilt, and interference with the independence and impartiality of the court,” the application states.

The defence team argues that such pronouncements by the country’s top military officer undermine the constitutional presumption of innocence and create pressure on the trial court before evidence is heard.

The application also raises concerns about delays in the treason proceedings against Besigye and Lutale. The trial was expected to commence on Thursday but failed to take off after the two accused declined to appear in court.

Assistant Superintendent of Prisons Emmanuel Hiire informed the court that Besigye and Lutale had cited unresolved issues between their lawyers and the court. When Justice Baguma sought an explanation for their absence, Hiire said the court should seek clarification from the Commissioner General of Prisons, Dr Johnson Byabashaija.

Court sources indicated that the standoff relates to the pending application against Muhoozi, the two military officers and the Attorney General. Besigye and Lutale accuse Justice Baguma of bias and incompetence, alleging that he failed to grant their lawyers adequate access to them in prison to prepare for trial.

The two also contend that restrictions on legal visits and access to electronic devices have hampered their defence. Meanwhile, Captain Denis Oola, the third accused person in the case and the only one present in court, complained that prison authorities had prevented him from meeting and consulting with his co-accused.

Oola questioned how justice could be achieved when he was unable to discuss the case with fellow accused persons facing the same charges. His lawyer, Maj Simon Busagwa Nsubuga, argued that the right to a fair hearing under Article 28 of the Constitution had been compromised.

“I didn’t have a chance, time or leverage to meet my client,” Busagwa submitted, adding that previous court orders had been rendered ineffective.

Earlier, lawyers representing Besigye and Lutale, including Martha Karua, Erias Lukwago and Eron Kiiza, informed the court that the trial could not proceed fairly in the absence of their clients.

Outside court, supporters led by Ingrid Turinawe sang protest songs and expressed opposition to Justice Baguma presiding over the matter. The prosecution, led by Assistant Director of Public Prosecutions Thomas Jatiko, told court that two witnesses were present and ready to testify.

The court subsequently issued a production warrant directing Uganda Prisons Service to produce Besigye and Lutale on June 30 for the hearing of the application before trial proceedings can continue.

The application, filed as Miscellaneous Application No. 922 of 2026 arising from Criminal Session Case No. 335 of 2025, seeks several declarations from the court.

Besigye and Lutale argue that their alleged arrest in Nairobi on November 16, 2024, by Ugandan military officers was unlawful and that subsequent criminal proceedings are therefore legally defective.

They contend that they were forcibly returned to Uganda without extradition proceedings, detained at Makindye Military Barracks, denied access to lawyers, family members and medical personnel, and later arraigned before the General Court Martial.

The applicants also challenge the legality of their continued prosecution following the Supreme court decision in Attorney General v Michael Kabaziguruka, which restricted the trial of civilians before military courts.

Through an affidavit filed in support of the application, advocate and human rights defender Tumusiime Kakuru argues that the cumulative effect of the alleged violations has rendered a fair trial impossible.

The applicants are seeking declarations that their rights were violated, termination of the criminal proceedings against them, unconditional release, rehabilitation and treatment for alleged torture-related trauma, and costs of the application.

Besigye, Lutale and Oola are jointly charged with treason and misprision of treason. Prosecutors allege that they participated in meetings in Geneva, Athens, Nairobi and Kampala aimed at soliciting funds, acquiring weapons and organising paramilitary activities to overthrow the government.

According to the prosecution, Besigye allegedly met a Kurdish intelligence operative identified as Andrew Wilson and received $5,000 to facilitate the movement of 36 Ugandan recruits to Kisumu, Kenya, for military training.

The state further alleges that the accused sought surface-to-air missiles, ricin poison, counterfeit currency and planned to use drone technology to assassinate President Museveni.

Prosecutors say they intend to rely on audio and video recordings, social media communications, immigration records and telephone data to support the charges.

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