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Dr. Kizza Besigye and Hajji Obeid Lutale filed an application in Uganda's High Court Criminal Division seeking a declaration that their rights were violated by the deportation of their lawyer Martha Karua. The filing names the Chief of Defence Forces and the Attorney General as respondents.
Dr. Kizza Besigye and Hajji Obeid Lutale filed an application with the High Court Criminal Division on July 1, 2026, seeking a declaration that their constitutional rights were violated by the deportation of their lead lawyer, Martha Karua. The application, filed under the Human Rights (Enforcement) Act and various provisions of the Constitution, names the Chief of Defence Forces as the first respondent and the Attorney General as the second respondent.
The applicants argue that Karua's deportation is part of an ongoing effort to undermine their legal defense in the treason case in which they are jointly charged with Captain Denis Oola.
Background to the Filing According to the application, Karua arrived at Entebbe International Airport on June 22, 2026, to represent Besigye and Lutale but was blocked from entering Uganda, detained, had her mobile phones confiscated, and was later deported to Nairobi after being classified as a prohibited immigrant.
The applicants contend that the immigration decision was unlawful because "persona non grata" is not among the grounds for classifying a person as a prohibited immigrant under Uganda's Citizenship and Immigration Control Act. They further argue that the decision was made without allowing Karua to be heard and was therefore contrary to constitutional guarantees of fair hearing and due process.
The application also cites the confiscation of Karua's mobile phones, which the applicants say compromised confidential advocate-client communications and violated their constitutional rights to privacy and a fair hearing.
The applicants further allege that Karua's deportation was part of a campaign to obstruct their defence by intimidating members of their legal team. The application cites the alleged arrest, military detention and prosecution of former Kampala Lord Mayor and lawyer Erias Lukwago, who is part of their defence team.
They contend that Lukwago's prosecution on allegations of misprision of treason was initiated because he was representing them rather than for any legitimate prosecutorial purpose. The applicants want the court to declare that the alleged actions against Lukwago amount to political persecution and constitute unlawful interference with the independence of the legal profession.
The application also accuses the Chief of Defence Forces of making public statements declaring Besigye guilty before trial, threatening his life and claiming 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 dignity.
The applicants want the High Court to nullify the decision declaring Karua a prohibited immigrant or persona non grata. They further want the court to permanently restrain the Chief of Defence Forces and the government from preventing her entry into Uganda for purposes of legal representation.
They are also seeking orders restraining authorities from continuing the prosecution of Lukwago over charges they say arise from his representation of the applicants, as well as an award of general, aggravated and exemplary damages for alleged violations of their constitutional rights.
In an affidavit, Lawyer Morgan Muhindo says he personally reviewed public statements allegedly made by the Chief of Defence Forces on his verified X account, in which the Chief of Defence Forces claimed responsibility for Karua's deportation and commented on members of the applicants' legal team.
The application has been filed before the High Court Criminal Division, which is yet to fix the matter for hearing. The court is also yet to give timelines within which the Chief of Defence Forces and the Attorney General should make their respective responses to this application.
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