I’ve Never Threatened To Kill Besigye!! Muhoozi Asks Court To dismiss Besigye Hanging Case

Former presidential candidate and opposition figure Kizza Besigye has asked the High Court to intervene in a case in which he accuses Chief of Defence Forces Muhoozi Kainerugaba of making public remarks that allegedly threatened his life and undermined his right to a fair trial.

Court documents show that Gen Muhoozi has asked the court to dismiss the application, arguing that the claims raised by Dr Besigye are unfounded. The response was filed through an affidavit sworn on June 18 by Lt Col Daniel Atwiine, head of the Special Investigations Bureau of the Uganda People’s Defence Forces (UPDF), on behalf of Gen Muhoozi and fellow respondents Col Peter Ahibisibwe and Lt Col Ephraim Byaruhanga.

In the affidavit, Lt Col Atwiine describes the allegations by Dr Besigye and his co-applicant, Hajj Obeid Lutale Kamulegeya, as speculative and largely based on hearsay. He asks the court to dismiss the application with costs.

Dr Besigye, who is currently on remand over treason-related charges, petitioned the High Court seeking declarations that public statements allegedly made by Gen Muhoozi violated his constitutional rights and could prejudice ongoing criminal proceedings against him.

According to the application filed before Justice Emmanuel Baguma, Dr Besigye contends that Gen Muhoozi made several public statements, including social media posts, which allegedly portrayed him as guilty before trial and threatened him with death.

The applicants argue that such statements compromise the independence of the Judiciary and jeopardise the right to a fair and impartial hearing. They maintain that public declarations of guilt by a senior military officer could influence judicial proceedings before witnesses are heard and assessors appointed.

Among the social media posts cited in the application are statements allegedly published by Gen Muhoozi suggesting that Dr Besigye should be executed. Dr Besigye argues that these remarks amount to threats of violence and constitute violations of his fundamental rights.

In addition to challenging the alleged statements, Dr Besigye is seeking a declaration that the treason and misprision of treason charges against him are inconsistent with principles of fair trial, human rights, the rule of law and extradition law.

However, in their response, the respondents reject allegations that Dr Besigye and Hajj Lutale were abducted by Ugandan security operatives from Nairobi, Kenya.

Lt Col Atwiine states that security agencies acted on intelligence reports indicating that the applicants were allegedly involved in activities considered a threat to national security. According to the affidavit, intelligence suggested that the applicants were coordinating with individuals both inside and outside Uganda to mobilise, recruit, train and acquire arms with the intention of overthrowing the government.

The affidavit further denies claims that Col Ahibisibwe and Lt Col Byaruhanga participated in the alleged abduction and transfer of the applicants from Kenya to Uganda.

Dr Besigye and Hajj Lutale maintain that they were in Nairobi on November 16, 2024, attending a book launch hosted by Kenyan opposition politician and former Justice Minister Martha Karua when they were arrested by Ugandan security operatives. They claim they were subsequently transferred to Uganda without formal extradition proceedings and detained at Makindye Military Barracks.

The applicants also allege that they were denied access to lawyers, family members and medical personnel, and subjected to unlawful detention, torture and other human rights violations.

Lt Col Atwiine, however, denies the allegations, insisting that the applicants were informed of the reasons for their arrest and granted access to legal representation, medical care, family members and friends. He further states that the Makindye Military Police Detention Centre is a lawful detention facility.

Court records indicate that Dr Besigye and Hajj Lutale were initially charged under the UPDF Act with security-related offences, including unlawful possession of firearms and ammunition, before being remanded to Luzira Prison. The charge sheet was later amended in January 2025 to include treason and misprision of treason charges, as well as a third accused person, Capt Denis Oola Oyaa.

Justice Baguma previously directed the respondents to file their responses within one week and fixed June 30 for the hearing of the application.

Among the remedies sought by Dr Besigye are the nullification and termination of the criminal proceedings against him and Hajj Lutale, unconditional release from detention, compensation for medical treatment and rehabilitation costs related to alleged torture, and payment of legal costs. He is also seeking any other relief the court may consider appropriate.