Detained opposition politician Dr. Kizza Besigye and his co-accused, Hajj Obeid Lutale, have asked the High Court to allow them to serve Chief of Defence Forces Gen. Muhoozi Kainerugaba with court documents through alternative means, arguing that attempts to effect personal service have been unsuccessful.
The application, filed before the High Court Civil Division, is part of a human rights case challenging the deportation of Kenyan lawyer Martha Karua, whom Besigye and Lutale identify as their lead counsel in an ongoing treason trial.
The two applicants contend that personal service on Gen. Muhoozi has become impracticable because court process servers have allegedly declined to deliver the documents, citing concerns for their safety.
They are asking the court to authorize substituted service through newspaper advertisements in The Observer, Daily Monitor or New Vision, by posting the documents at the general’s last known residence or official duty station, or through any other method the court considers appropriate.
The request follows case management directions issued on July 17 by Acting High Court Judge Simon Peter Kinobe, who instructed the applicants to serve both Gen. Muhoozi and the Attorney General before the case could proceed. The respondents were then expected to file responses ahead of a ruling scheduled for Aug. 13.
In an affidavit sworn on July 24, lawyer Morgan Muhindo said several court process servers refused to undertake the assignment after expressing fears about their personal safety. According to the affidavit, those approached requested that their identities not be disclosed in court records.
Muhindo also referred to the arrest of one of the applicants’ lawyers, Erias Lukwago, alleging that he was detained by armed personnel on June 15 while leaving his home to serve court documents on Gen. Muhoozi in a separate case. Lukwago was later charged with misprision of treason.
The application further argues that Gen. Muhoozi has publicly commented on the case through posts on his verified X account and is therefore aware of the legal proceedings. On that basis, the applicants say requiring personal service would unnecessarily delay the case and hinder their access to justice.
The court has not yet ruled on the application, and Gen. Muhoozi had not publicly responded to the claims contained in the court filings.
The underlying human rights petition challenges the June 22 deportation of Kenyan Senior Counsel Martha Karua after she was denied entry into Uganda while traveling to represent Besigye and Lutale in their treason case.
According to the application, Karua was declared a prohibited immigrant, detained at Entebbe International Airport, had her mobile phones confiscated and was deported to Nairobi without being granted a hearing. The applicants argue that those actions violated their constitutional rights to legal representation, privacy and a fair hearing.
Among the remedies sought are a declaration nullifying Karua’s deportation, an order preventing authorities from blocking her future legal representation in Uganda, protection for confidential communication between the applicants and their lawyers, an order halting the prosecution of Lukwago, and an award of general, aggravated and exemplary damages.
Besigye, Lutale and their co-accused, Capt. Denis Oola, are facing treason charges over allegations that they attended meetings in Nairobi in November 2024 aimed at overthrowing the Ugandan government. All three deny the charges.
The High Court is expected to determine the application for substituted service before proceeding to hear the substantive human rights petition.
