The office of Attorney General and Chief of Defence Forces Gen. Muhoozi Kainerugaba have asked the High Court in Kampala to dismiss a human rights case filed by retired Col Dr. Kizza Besigye and Hajji Obeid Lutale over alleged violation of their right to legal representation.
In written submissions filed before the High Court Criminal Division, the respondents argue that Besigye and Lutale have failed to prove that the state interfered with their choice of lawyers or denied them a fair hearing.
The case arises from Criminal Session Case No. 335 of 2025, where Besigye and Lutale accuse immigration authorities of blocking Kenyan Senior Counsel Martha Karua from entering Uganda, saying the decision affected their defence team. They also argue that the arrest and prosecution of Kampala Lord Mayor Erias Lukwago further weakened their legal representation.
However, the Attorney General says the two accused have continued to be represented by several lawyers of their choice, noting that they have more than 50 advocates from 13 law firms on their legal team.
The respondents argue that the issue before court is not whether Besigye and Lutale wanted Karua or Lukwago physically present, but whether their right to choose lawyers was denied or whether their trial was affected.
They also state that the trial court took steps to protect their right to legal representation by allowing adjournments to reorganise their legal team and providing options for state-appointed lawyers if needed.
The Attorney General further argues that Karua’s physical presence in Uganda was not necessary because court rules allow lawyers to participate in proceedings through virtual means.
On the immigration matter, the respondents contend that Besigye and Lutale used the wrong legal procedure to challenge the decision that declared Karua a prohibited immigrant, saying such decisions should be challenged through judicial review.
They have also challenged parts of affidavits filed by lawyer Morgan Muhindo and Martha Karua, arguing that they contain opinions and legal arguments instead of factual evidence.
The government further opposes the claims concerning Lukwago’s arrest and prosecution, arguing that the Director of Public Prosecutions has constitutional powers to institute criminal cases and that no evidence has been presented to prove abuse of those powers.
The Attorney General has asked court to dismiss the application with costs, reject requests for declarations and injunctions, and deny claims for damages, saying Besigye and Lutale failed to prove that their rights were violated.
The response by Gen. Muhoozi and the Attorney General was filed shortly after Besigye and Lutale asked court to allow them serve Muhoozi through newspaper advertisements after failing to locate him.
The High Court is expected to deliver its ruling on the matter before Justice Simon Peter Kinobe on August 13, 2026.
