The High Court in Kampala has directed Chief of Defence Forces Gen. Muhoozi Kainerugaba and four other respondents to file their responses within seven days to an application lodged by detained opposition politician Dr. Kizza Besigye.
The directive was issued on Thursday by Justice Emmanuel Baguma of the Criminal Division, who scheduled June 18, 2026, as the deadline for the respondents to submit their defence. Any rejoinders are to be filed by June 25, while the application itself will be heard on June 30.
Besigye’s application names Gen. Muhoozi, the Attorney General, Col. Peter Ahimbisibwe and Lt. Col. Ephraim Byaruhanga among the respondents. The opposition leader accuses the military chief of making public statements that allegedly threatened his life and compromised his right to a fair trial.
Court records indicate that the application cites a series of social media posts allegedly made by Gen. Muhoozi between 2025 and 2026.
The statements reportedly included references to hanging or shooting Besigye and assertions that he would not regain his freedom except under specific conditions. Besigye’s legal team argues that such remarks amount to intimidation, public condemnation before trial and interference with judicial independence.
According to the application, the cumulative effect of the statements has created an environment that undermines the constitutional presumption of innocence and places undue pressure on the courts handling the case.
The matter arose as Besigye’s treason trial failed to commence on Thursday as expected. Prison authorities informed the court that both Besigye and his co-accused, Hajji Obeid Lutale, declined to attend proceedings, citing unresolved concerns involving their legal representation and the court.
Assistant Superintendent of Prisons Emmanuel Hiire told the court that details regarding their absence could be obtained from the Commissioner General of Prisons. Sources familiar with the matter indicated that the dispute is linked to the pending application challenging the conduct of Gen. Muhoozi and other respondents.
Through their lawyers, Besigye and Lutale have raised concerns over what they describe as insufficient access to legal counsel and facilities necessary to prepare their defence while in detention. They also accuse the trial judge of failing to adequately address those concerns.
Captain Denis Oola, who is jointly charged with Besigye and Lutale, was the only accused person present in court. Oola complained that prison authorities have restricted communication between him and his co-accused despite the trio facing charges in the same case.
His lawyer, Major Simon Busagwa Nsubuga, argued that the limitations had negatively affected preparations for trial and made it impossible to proceed fairly.
Senior Counsel Martha Karua, Kampala Lord Mayor Erias Lukwago and advocate Eron Kiiza, who represent Besigye and Lutale, informed the court that proceeding in the absence of their clients would violate the principles of a fair hearing.
The prosecution, represented by Assistant Director of Public Prosecutions Thomas Jatiko, maintained that it was ready to begin the trial and had brought witnesses to court prepared to testify.
Outside court, supporters of the accused persons staged a protest, singing songs and expressing opposition to the trial process. The supporters, led by political activist Ingrid Turinawe, accused the court of failing to guarantee impartiality.
Justice Baguma subsequently issued a production warrant requiring Uganda Prisons Service to present Besigye before court on June 30 when the application challenging the fairness of the proceedings will be heard.
Besigye and Lutale are facing charges of treason and misprision of treason alongside Oola. Prosecutors allege that the three participated in meetings in Uganda and abroad aimed at mobilising resources, recruiting personnel and acquiring military equipment for activities intended to overthrow the government.
The defence team, however, argues that the prosecution has been tainted by multiple constitutional violations, including the alleged abduction of Besigye and Lutale from Nairobi in November 2024, unlawful detention and delayed disclosure of prosecution evidence.
In their application, the accused are seeking declarations that their arrest and transfer to Uganda were unlawful and that the circumstances surrounding their detention and prosecution have made a fair trial impossible. They are also asking the court to terminate the criminal proceedings, order their release and award compensation-related remedies.
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