Mega Fm & Agency
Jailed opposition politician Dr. Kizza Besigye and his co-accused, Hajji Obeid Lutale, have asked the High Court to allow them to serve Chief of Defence Forces (CDF) Gen. Muhoozi Kainerugaba through substituted service after efforts to personally deliver court documents allegedly failed.
The application, filed before the High Court Civil Division, stems from a human rights case challenging the deportation of Kenyan Senior Counsel Martha Karua, whom the two describe as their lead lawyer in an ongoing treason trial. Besigye and Lutale argue that personal service on Gen. Muhoozi has become impracticable because court process servers have allegedly declined to undertake the assignment, citing concerns for their safety.
They are asking the court to permit service through newspaper advertisements in The Observer, Daily Monitor or New Vision, by affixing the court documents at Gen. Muhoozi’s last known residence or official duty station, or through any other method the court considers appropriate. The application follows case management directions issued on July 17, 2026, by Acting High Court Judge Simon Peter Kinobe, who ordered Besigye and Lutale to serve both Gen. Muhoozi and the Attorney General before the matter could proceed. The respondents were expected to file affidavits in reply and written submissions before a ruling scheduled for August 13, 2026.
However, the applicants say the timelines have stalled because Gen. Muhoozi has not been served. In an affidavit sworn on July 24, lawyer Morgan Muhindo states that every court process server approached to serve the CDF declined the assignment over fears for their personal safety, liberty and lives. He adds that the process servers requested that their identities should not appear in the court record.
Muhindo links those fears to the arrest of one of the applicants’ lawyers, Erias Lukwago. He states that Lukwago was allegedly arrested by armed personnel on June 15, 2026, while leaving his home to serve court documents on Gen. Muhoozi in a related case. Lukwago was later charged with misprision of treason.
The applicants also contend that Gen. Muhoozi made several posts on his verified X account concerning Lukwago and the case, arguing that the statements contributed to the reluctance of process servers to attempt personal service. They further argue that Gen. Muhoozi is already aware of the proceedings through his alleged public statements and that the purpose of service—to notify a party of legal proceedings—has effectively been achieved.
They maintain that insisting on personal service in the circumstances would deny them access to justice and frustrate the hearing of their case. The substantive human rights application challenges the June 22, 2026 deportation of Kenyan lawyer Martha Karua after she was denied entry into Uganda while travelling to represent Besigye and Lutale in their treason case.
The applicants contend that Karua was unlawfully declared a prohibited immigrant, detained at Entebbe International Airport, had her mobile phones confiscated and was deported to Nairobi without being given a hearing. They argue that the actions violated their constitutional rights to legal representation, privacy and a fair hearing. Among the orders sought are the nullification of Karua’s deportation, a permanent injunction restraining authorities from preventing her from representing them in Uganda, protection of confidential communication with their lawyers, an order halting the prosecution of lawyer Erias Lukwago, and an award of general, aggravated and exemplary damages.
Besigye, Lutale and their co-accused, Captain Denis Oola, are facing treason charges over allegations that they travelled to Nairobi in November 2024 to attend meetings aimed at overthrowing the Ugandan government. They deny the charges. The High Court must first determine the application for substituted service before the substantive human rights case can proceed.
