Gen Muhoozi seeks dismissal of Besigye's case over alleged death threats

Chief of Defence Forces (CDF) Gen Muhoozi Kainerugaba has asked the High Court in Kampala to dismiss an application in which remanded opposition politician Dr Kizza Besigye accuses him of making public death threats and prejudicial statements that allegedly undermine his right to a fair trial.

The request is contained in an affidavit sworn on June 18 by Lt Col Daniel Atwiine, the head of the Special Investigations Bureau of the Uganda People's Defence Forces (UPDF), on behalf of Gen Muhoozi and two other UPDF officers, Col Peter Ahibisibwe and Lt Col Ephraim Byaruhanga, named as respondents in the case.

In the affidavit, Lt Col Atwiine describes the allegations raised by Dr Besigye and his co-applicant, Hajj Obeid Lutale Kamulegeya, as misconceived, speculative and founded on hearsay.

"That I swear this affidavit in opposition to the Applicants' application and in support of the Respondents' prayer that the application be dismissed with costs," Lt Col Atwiine states.

Dr Besigye, a four-time presidential candidate currently on remand facing treason-related charges, petitioned the High Court seeking declarations that statements allegedly made by Gen Muhoozi violated his constitutional rights and prejudiced his pending trial.

According to court documents filed before Justice Emmanuel Baguma, Dr Besigye contends that Gen Muhoozi repeatedly made public statements threatening to kill him and portraying him as guilty before the determination of the criminal proceedings against him.

"The 1st respondent's adverse and prejudicial public statements threatening death, violence, torture and execution, and characterising the 1st applicant as a criminal, individually and cumulatively, give rise to violations of, and continuing threats to, human rights and freedoms," the application states.

The court documents further argue that such statements create pressure on the Judiciary and compromise the right to an independent and impartial hearing.

"Public pronouncements of guilt, and of a predetermined fatal outcome, made by such a figure while assessors are yet to be empanelled and witnesses heard, contaminate the atmosphere of an independent and impartial court and pressure the trial court," the application adds.

Among the social media posts cited by Dr Besigye is one allegedly published on January 16, 2025, stating: "We will hang KB on Heroes' Day. That's the best day for him to die."

Another post allegedly made on February 19, 2026, read: "Besigye wanted to kill Mzee, so as far as we are concerned, UPDF, he is a dead man walking."

A third post allegedly stated: "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 is also seeking a declaration that the treason and misprision of treason charges brought against him are inconsistent with principles of fair trial, human rights, the rule of law, and extradition law, rendering them null and void.

However, in his response, Lt Col Atwiine rejects claims that Dr Besigye and Hajj Lutale were abducted by Ugandan security operatives from Nairobi, Kenya.

He states that while carrying out his duties on behalf of the UPDF, he received intelligence reports indicating that the applicants were engaged in activities considered a 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 states.

The affidavit also disputes allegations that Col Ahibisibwe and Lt Col Byaruhanga participated in the alleged abduction and transfer of Dr Besigye and Hajj Lutale from Kenya to Uganda.

According to the applicants, they were in Nairobi on November 16, 2024, attending a book launch at the invitation of Kenyan opposition politician and former Justice Minister Martha Karua when they were seized by Ugandan security operatives.

They allege that they were transported to Uganda without any extradition proceedings and subsequently detained incommunicado at Makindye Military Barracks.

The Applicants further claim they were denied access to lawyers, family members, and medical personnel and subjected to various human rights violations, including torture, unlawful detention, and violations of their right to a fair hearing.

But Lt Col Atwiine denies the allegations and maintains that the applicants were informed of the reasons for their arrest and granted access to their rights.

"I know that the Applicants were informed of the reasons for their arrest, rights to access medical doctors, lawyers, family, and friends. I know that Makindye Military Police Detention Centre is a lawful detention facility," he states.

Court records show that Dr Besigye and Hajj Lutale were initially charged with security-related offences under the UPDF Act and unlawful possession of firearms and ammunition before being remanded to Luzira Prison.

The charge sheet was later amended on January 14, 2025, to include additional offences related to treason and misprision of treason and a third accused person, Capt Denis Oola Oyaa.

Justice Baguma, at the last court appearance, directed the respondents, including Gen Muhoozi, to file their responses within one week and scheduled the hearing of the application for June 30.

Dr Besigye is seeking the following orders from the court;

The impugned criminal proceedings against him and Lutale be nullified and terminated on account of the violation of their right to a fair trial.

Directing Gen Muhoozi and the Attorney General to facilitate and/or meet the costs they have incurred in torture treatment and rehabilitation at the African Centre for the Treatment and Rehabilitation of Torture Victims (ACTV), or any other comparable facility.

Unconditionally released from detention.

Costs of the application be provided for.

Such other or further relief as the court may deem fit and just to grant.

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