Chief of Defence Forces Gen Muhoozi Kainerugaba has asked the High Court in Kampala to dismiss an application filed by remanded opposition politician Dr Kizza Besigye over alleged public death threats and prejudicial statements.
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.
Lt Col Atwiine filed the affidavit on behalf of Gen Muhoozi and two other UPDF officers named in the case. They are Col Peter Ahibisibwe and Lt Col Ephraim Byaruhanga.
Dr Besigye and his co-applicant, Hajj Obeid Lutale Kamulegeya, accuse Gen Muhoozi of making statements they say violated their rights and undermined Dr Besigye’s right to a fair trial.
Lt Col Atwiine rejects the claims. He describes the application as misconceived, speculative and based 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.
Besigye Says Statements Threatened Fair Trial
Dr Besigye, a four-time presidential candidate, is currently on remand over treason-related charges.
In his application before Justice Emmanuel Baguma, he argues that Gen Muhoozi repeatedly made public statements threatening his life and presenting him as guilty before court had determined the criminal case.
“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 applicants also argue that the alleged statements could affect judicial independence.
“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 cited social media posts is one allegedly published on January 16, 2025. It reportedly stated: “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 cited 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.”
UPDF Officer Denies Abduction Claims
Lt Col Atwiine also denies allegations that Dr Besigye and Hajj Lutale were abducted by Ugandan security operatives from Nairobi, Kenya.
He says he received intelligence reports while performing his UPDF duties. According to him, the reports linked the applicants to 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 further disputes claims that Col Ahibisibwe and Lt Col Byaruhanga took part in the alleged abduction and transfer of the applicants from Kenya to Uganda.
Dr Besigye and Hajj Lutale claim they were in Nairobi on November 16, 2024. They say they had travelled to attend a book launch at the invitation of Kenyan opposition politician and former Justice Minister Martha Karua.
They allege that Ugandan security operatives seized them in Kenya, transported them to Uganda without extradition proceedings, and later detained them at Makindye Military Barracks.
The applicants also claim they were held incommunicado. They further allege denial of access to lawyers, family members and medical personnel.
They say they suffered torture, unlawful detention and violations of their right to a fair hearing.
Lt Col Atwiine denies those allegations. He maintains that the applicants were informed of the reasons for their arrest and allowed 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 Set to Hear Application on June 30
Court records show that Dr Besigye and Hajj Lutale were first charged with security-related offences under the UPDF Act.
They were also charged with unlawful possession of firearms and ammunition before being remanded to Luzira Prison.
The charge sheet was later amended on January 14, 2025. The amendment added offences related to treason and misprision of treason. It also introduced a third accused person, Capt Denis Oola Oyaa.
Dr Besigye wants court to declare the treason and misprision of treason charges unconstitutional and inconsistent with fair trial rights, human rights, the rule of law and extradition law.
At the last court appearance, Justice Baguma directed the respondents, including Gen Muhoozi, to file their responses within one week.
The hearing of the application is scheduled for June 30.
Dr Besigye wants the High Court to nullify and terminate the criminal proceedings against him and Hajj Lutale.
He also wants court to order Gen Muhoozi and the Attorney General to meet the costs of torture treatment and rehabilitation at the African Centre for the Treatment and Rehabilitation of Torture Victims, or a comparable facility.
The applicants are also seeking unconditional release from detention, costs of the application, and any other relief court may deem fit.
