KAMPALA, Uganda — A closely watched legal battle that pits one of Uganda’s longest-serving opposition figures against the country’s military chief is set to enter a new phase on Tuesday, as the High Court begins hearing an application in which veteran opposition leader Kizza Besigye accuses Muhoozi Kainerugaba of repeatedly threatening to have him executed and undermining his constitutional right to a fair trial.
The proceedings are expected to draw intense public interest, not only because they involve two of Uganda’s most prominent political figures, but also because they touch on broader questions about judicial independence, the conduct of senior military officials and the limits of public commentary on pending criminal cases.
For decades, Dr. Besigye has been one of President Yoweri Museveni’s fiercest political rivals, contesting multiple presidential elections and repeatedly accusing the government of suppressing political dissent.
Gen. Muhoozi, President Museveni’s son and the Chief of Defence Forces, has in recent years become one of the country’s most influential public figures, using his X account to comment on political developments, often in language that has sparked national debate.
The latest dispute stems from a series of social media posts that Besigye says crossed the line from political rhetoric into direct threats against his life.
According to court documents, Besigye argues that Gen. Muhoozi published statements suggesting that he would be hanged on Heroes’ Day, while other posts implied that he could be shot or would leave prison only in a coffin.
The veteran opposition leader contends that such statements prejudged his criminal case, intimidated him and created an atmosphere incompatible with a fair hearing before an independent court.
Besigye’s co-applicant, Obeid Lutale Kamulegeya, has joined the application, arguing that the remarks equally affected his constitutional rights.
The case comes as Besigye and Lutale continue to face treason-related charges before the High Court following their arrest in Kenya and transfer to Uganda in November 2024, circumstances that have themselves been the subject of legal and political controversy.
In the constitutional application, the two men allege that they were unlawfully abducted, denied due process and detained in violation of their constitutional rights. They are asking the High Court to declare that the actions complained of infringed their fundamental freedoms and to grant appropriate constitutional remedies.
Besides Gen. Muhoozi, the application also names the Attorney General, Col. Peter Ahibisibwe and Lt. Col. Ephraim Byaruhanga as respondents.
Gen. Muhoozi has denied wrongdoing and asked the court to dismiss the application.
In an affidavit sworn on his behalf by Lt. Col. Daniel Atwiine, the respondents describe the allegations as “misconceived, speculative and founded on hearsay.”
They argue that the matters raised by the applicants should instead be addressed within the ongoing criminal proceedings and deny allegations of unlawful arrest, torture and denial of access to legal representation or family members.
Justice Emmanuel Baguma is expected to preside over the hearing, which could determine whether the constitutional claims proceed to full determination and whether the applicants are entitled to the declarations and remedies they seek.
Beyond the immediate dispute, the proceedings are likely to be viewed as an important test of how Uganda’s courts balance freedom of expression, the authority of senior state officials and the constitutional guarantee that every accused person is entitled to a fair and impartial trial.
The case has attracted close attention from lawyers, political observers and human rights advocates, who say its outcome could have implications extending well beyond the two men at the centre of the dispute.
Besigye will not be without his lawyer Erias Lukwago who was transferred from Luzira Prison to Mulago as his health deteriorated, even as Salim Saleh appeared to intervene. Muhoozi has said that he would only release Lukwago if the Kabaka requests him to do so, short of whcih he will be hanged. (See Details Here. There and Over There).
Besigye’s other lawyer, from Kenya, Martha Karua will also not be in court to defend him as she was deported last week, and as she has vowed to only return to Uganda when Museveni leaves power. (See Details Here and There).
