The Uganda People’s Defence Forces (UPDF) has formally asked the High Court in Kampala to dismiss an application filed by detained opposition leader Dr. Kizza Besigye, who accuses Chief of Defence Forces (CDF) Gen. Muhoozi Kainerugaba of issuing public death threats and jeopardizing his constitutional right to a fair trial.
In a sworn affidavit submitted to the court, Lt. Col. Atwiine of the UPDF’s Special Investigations Bureau acting on behalf of Gen. Muhoozi and co-respondents Col. Peter Ahibisibwe and Lt. Col. Ephraim Byaruhanga—characterized Dr. Besigye’s claims as “misconceived, speculative and founded on hearsay.”
The High Court application, filed before Justice Emmanuel Baguma, sets the stage for a high-stakes legal showdown on June 30, pitting the country’s top military commander against a four-time presidential candidate currently on remand for treason.
At the core of the state’s response is a firm denial of Dr. Besigye’s claim that he and his co-applicant, Hajj Obeid Lutale Kamulegeya, were unlawfully abducted by Ugandan security operatives from Nairobi, Kenya, on November 16, 2024. The applicants maintain they were seized while attending a book launch hosted by Kenyan opposition politician Martha Karua.
Lt. Col. Atwiine dismissed the abduction narrative, telling the court that the military acted on actionable intelligence indicating that the duo posed a severe threat to Uganda’s national security.
“We received information that the Applicants were coordinating with other people within and outside Uganda to mobilise, recruit, train, and acquire arms with the intention of overthrowing the legitimate government of Uganda,” Lt. Col. Atwiine stated in the affidavit.
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The UPDF officer also rejected allegations that Dr. Besigye and Hajj Lutale were subjected to torture, held incommunicado at Makindye Military Barracks, or denied access to legal and medical assistance. Atwiine maintained that Makindye is a lawful detention facility and that the suspects were immediately informed of the reasons for their arrest and granted their fundamental rights.
Alleged Death Threats and “Prejudicial” Statements
In his petition, Dr. Besigye argues that Gen. Muhoozi has waged a campaign of intimidation on social media, publicly pronouncing him guilty and threatening execution long before the trial has properly commenced. Besigye’s legal team contends that such statements from the head of the military contaminate the judicial atmosphere, placing undue pressure on trial judges before evidence is even heard.
The court documents cite several highly inflammatory posts allegedly authored by Gen. Muhoozi:
January 16, 2025: “We will hang KB on Heroes’ Day. That’s the best day for him to die.”
February 19, 2026: “Besigye wanted to kill Mzee, so as far as we are concerned, UPDF, he is a dead man walking.”
Undated Post: “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.”
Dr. Besigye argues that these pronouncements, individually and cumulatively, violate his human rights and render his ongoing treason trial fundamentally flawed.
What Besigye is Demanding
Dr. Besigye and his co-accused—whose charge sheets were amended in January 2025 to include a third suspect, Capt. Denis Oola Oyaa—are asking the High Court for several sweeping declarations:
Nullification of Charges: The immediate termination of the criminal proceedings against them, arguing that the treason and misprision of treason charges violate principles of fair trial and extradition law.
Unconditional Release: Immediate freedom from Luzira Prison, where they are currently remanded.
Torture Rehabilitation: An order directing Gen. Muhoozi and the Attorney General to cover all medical costs incurred for torture treatment and rehabilitation at the African Centre for the Treatment and Rehabilitation of Torture Victims (ACTV).
Application Costs: The respondents to bear the full costs of the legal application.
Justice Emmanuel Baguma has directed all respondents, including Gen. Muhoozi, to finalize and file their formal responses within one week, with the substantive hearing scheduled for June 30.
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