The High Court Criminal Division has issued a timetable for hearing an application by detained opposition politician Dr. Kizza Besigye and his co-accused, Hajji Obeid Lutale, who contend that the deportation of their lead lawyer, Kenyan Senior Counsel Martha Karua, violated their constitutional rights and compromised their defence in an ongoing treason case.
According to case management directions issued on July 17, 2026, Criminal Miscellaneous Application No. 0248 of 2026 has been allocated to Acting High Court Judge Simon Peter Kinobe for hearing and determination.
Although Justice Kinobe is substantively attached to the Civil Division of the High Court, he has been assigned to preside over the application arising from the criminal proceedings.
In directions communicated through Deputy Registrar Samuel Twakyire, the judge ordered Besigye and Lutale to serve the application on the Chief of Defence Forces, Gen. Muhoozi Kainerugaba, and the Attorney General by the close of business on July 20, 2026.
The respondents have been directed to file their affidavits in reply by July 23, while the applicants will have until July 28 to submit any rejoinder affidavits. Written submissions by Besigye and Lutale are due on July 31, with the respondents expected to file theirs by August 3. Any rejoinder submissions must be lodged by August 6, before the court delivers its ruling on August 13, 2026.
The proceedings will be managed through the Electronic Court Case Management Information System (ECCMIS), with the court directing the Systems Administrator to ensure all parties are linked to the platform.
In their application, filed under the Human Rights (Enforcement) Act and various constitutional provisions, Besigye and Lutale accuse Gen. Muhoozi and the Attorney General of violating their constitutional rights by preventing Karua from representing them in court.
The applicants state that Karua, whom they describe as their lead counsel since November 2024, travelled to Uganda on June 22, 2026, to appear in the treason proceedings. They allege that upon arrival at Entebbe International Airport, she was denied entry, detained, had her mobile phones confiscated and was deported to Nairobi after immigration authorities declared her a prohibited immigrant.
Besigye and Lutale argue that the decision was unlawful because the grounds reportedly relied upon by immigration officials do not fall within those provided under Uganda’s Citizenship and Immigration Control Act for declaring a person a prohibited immigrant. They also contend that Karua was not accorded a fair hearing before the decision was taken.
The applicants further claim that the confiscation of Karua’s mobile phones interfered with confidential lawyer-client communications, thereby violating their constitutional rights to privacy and a fair hearing.
They also allege that Karua’s deportation formed part of a wider pattern of interference with their legal representation. As part of that claim, they point to the prosecution of one of their lawyers, former Kampala Lord Mayor Erias Lukwago, on allegations of misprision of treason.
According to the application, Lukwago’s prosecution stems solely from his role as defence counsel and not from any criminal conduct. Besigye and Lutale are asking the court to declare the charges against him unconstitutional, arguing that they amount to unlawful interference with the independence of the legal profession.
The application also refers to statements allegedly posted on Gen. Muhoozi Kainerugaba’s verified X account. The applicants contend that the posts declared Besigye guilty before trial, threatened his life and claimed responsibility for Karua’s deportation.
They argue that the statements violated Besigye’s constitutional rights, including the presumption of innocence, the right to life and the right to human dignity, while also undermining judicial independence.
Among the remedies sought, Besigye and Lutale want the court to nullify the decision declaring Karua a prohibited immigrant and permanently restrain the government from preventing her entry into Uganda for purposes of representing them. They are also seeking orders stopping the prosecution of Lukwago over charges they say arise from his legal work, as well as general, aggravated and exemplary damages for the alleged constitutional violations.
In a supporting affidavit, lawyer Morgan Muhindo states that he reviewed statements allegedly published on Gen. Muhoozi’s verified X account in which the Chief of Defence Forces claimed responsibility for Karua’s deportation and commented on members of the defence team.
Muhindo argues that the conduct demonstrates a pattern of state interference in determining who may represent Besigye and Lutale, contrary to constitutional guarantees of a fair hearing and internationally recognised principles safeguarding the independence of legal practitioners.
Court records show that Besigye and Lutale were arrested in Nairobi in November 2024. Prosecutors allege that the two travelled to Kenya to plan the overthrow of the Ugandan government, allegations they deny.
The prosecution further claims that several opposition politicians and activists attended meetings outside Uganda where discussions about removing the government took place. According to court records, some of those meetings were secretly recorded by an American national, Andrew Wilson, who later worked with Ugandan security agencies as an informant.
Besigye, Lutale and their co-accused, Captain Denis Oola, remain on trial on treason-related charges. They are expected to appear before Criminal Division Judge Emmanuel Baguma on July 29, 2026.
The treason proceedings have since been delayed pending the determination of the dispute over Besigye’s legal representation, an issue that will now be decided by Justice Kinobe.
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