Dr. Kizza Besigye and his co-accused, Hajji Obeid Lutale, have asked the High Court Criminal Division to declare that their constitutional rights were violated following the deportation of their lead lawyer, Martha Karua, from Uganda.
The application, filed under the Human Rights (Enforcement) Act and several constitutional provisions, names Chief of Defence Forces Gen. Muhoozi Kainerugaba and the Attorney General as respondents.
Besigye and Lutale argue that Karua’s deportation was a deliberate attempt to undermine their defence in the treason case in which they are jointly charged alongside Captain Denis Oola.
The two contend that Karua has been their lead counsel since November 2024 and that they have a constitutional right to be represented by a lawyer of their choice.
According to court documents, Karua arrived at Entebbe International Airport on 22 June 2026 to represent the pair but was denied entry, detained, had her mobile phones confiscated and was later deported to Nairobi after immigration officials reportedly declared her a prohibited immigrant.
The applicants argue that the decision was unlawful, saying the reason cited for Karua’s removal does not fall under the grounds for declaring someone a prohibited immigrant under Uganda’s Citizenship and Immigration Control Act. They also contend that she was not given an opportunity to challenge the decision before being deported, in violation of the constitutional right to a fair hearing.
Besigye and Lutale further argue that the confiscation of Karua’s phones breached the confidentiality of lawyer-client communications, infringing on their rights to privacy and a fair trial.
They also claim the deportation forms part of a wider campaign to frustrate their legal representation by targeting members of their defence team.
In the application, the pair cite the arrest, military detention and prosecution of their lawyer, former Kampala Lord Mayor Erias Lukwago, arguing that the charges against him stem from his role in representing them rather than any legitimate criminal conduct.
They want the court to declare that Lukwago’s prosecution amounts to political persecution and unlawful interference with the independence of lawyers and the administration of justice.
The application also accuses Gen. Muhoozi Kainerugaba of making public statements declaring Besigye guilty before trial, threatening his life and claiming responsibility for Karua’s deportation.
According to the applicants, those statements violated Besigye’s constitutional rights, including the presumption of innocence, the right to life and the right to dignity, while also undermining the independence of the judiciary.
Besigye and Lutale are asking the High Court to quash the decision declaring Karua a prohibited immigrant or persona non grata and to permanently bar Gen. Muhoozi and the government from preventing her from entering Uganda to represent them.
They are also seeking orders halting Lukwago’s prosecution over charges they say arise from his legal representation of the two accused, as well as general, aggravated and exemplary damages for the alleged violation of their constitutional rights.
In a supporting affidavit, lawyer Morgan Muhindo says he reviewed public posts allegedly made by Gen. Muhoozi on his verified X account in which the army chief reportedly claimed responsibility for Karua’s deportation and commented on members of the defence team.
Muhindo argues that the alleged conduct demonstrates an attempt by state officials to influence who may represent Besigye and Lutale in court, contrary to constitutional guarantees of a fair hearing and internationally recognised principles protecting the independence of lawyers.
He further contends that allowing state authorities to determine an accused person’s legal representation erodes public confidence in the justice system and compromises the fairness of criminal proceedings.
The application has been filed before the High Court Criminal Division, which is yet to fix a hearing date or issue directions requiring the respondents to file their responses.
Court records show that Besigye and Lutale were arrested in Nairobi in November 2024 during an event where Karua had reportedly organised a book launch. Prosecutors allege the two had travelled to Kenya to plan the overthrow of Uganda’s government, an accusation they deny.
Lukwago was arrested on 15 June 2026 after serving on the legal team representing Besigye and Lutale in the treason case.
According to court records, prosecutors allege that several opposition politicians and activists, including Lukwago, attended meetings outside Uganda where discussions about removing the government allegedly took place. The prosecution further claims that some of the meetings were secretly recorded by an American national, Andrew Wilson, who later worked with Ugandan security agencies as an informant.
