Martha Karua, the lead counsel representing Dr. Kizza Besigye and co-accused Hajji Obeid Lutale in their treason trial, has filed an application in the High Court Criminal Division asking the court to address her recent deportation from Uganda.
Karua argues that her removal from the country and the resulting inability to represent her clients violate their constitutional right to a fair hearing.
In her affidavit submitted to the court, Karua states that immigration authorities denied her entry on June 22, 2026, even though she held a valid Special Practising Certificate from the Uganda Law Council that permitted her to appear before Ugandan courts.
The filing supports an ongoing application tied to the treason case against Besigye and Lutale. It also relates to a prior application in which the two accused claim that Chief of Defence Forces Gen. Muhoozi Kainerugaba illegally deported Kenya’s former minister and Senior Counsel Martha Karua.
Besigye has separately petitioned the court over alleged death threats from Gen. Kainerugaba.
According to the affidavit, Karua has headed the defence team for Besigye and Lutale since November 2024.
On June 11, Justice Emmanuel Baguma scheduled a hearing for the application on June 30 and ordered the respondents, including Gen. Kainerugaba, to submit their responses.
Karua travelled to Uganda on June 22 via a Kenya Airways flight, accompanied by two colleagues, one of whom was the President of the Law Society of Kenya. The purpose was to take part in court proceedings related to her clients and other defence team matters.
She claims that after immigration officials at Entebbe International Airport stamped her passport, authorities separated her from her group—who were permitted entry—and took her to the office of the Principal Immigration Officer.
Karua alleges that officers seized her two mobile phones without providing any explanation and then told her she would not be allowed into Uganda due to unspecified security reasons.
Although the phones were later returned, she refused to accept them, expressing concerns that privileged client communications could have been accessed or tampered with during the time they were held.
Immigration authorities subsequently issued a notice classifying her as a prohibited immigrant and directing Kenya Airways to remove her from Uganda.
The notice reportedly labelled her as “persona non grata” under the Uganda Citizenship and Immigration Control Act.
Karua maintains that “persona non grata” is not a valid legal basis for denying entry under the Act.
She says she was deported to Nairobi without being given any reasons or a chance to contest the decision. She also describes the treatment as degrading, noting that she is an East African Community citizen travelling on a valid East African passport and holding official authorization to practise law in Uganda.
The affidavit further notes that challenges for the defence team intensified after the arrest and detention of fellow lawyer Erias Lukwago. Karua contends that her deportation is part of a targeted effort to weaken the legal team defending Besigye and Lutale.
She references several posts from Gen. Muhoozi Kainerugaba’s verified X account dated June 23, 2026.
One post reportedly stated: “Do not blame my great father for this decision. I deported her myself. She’s no longer allowed in our country.”
Other cited messages allegedly declared that Besigye “will not escape his just sentence” and that “we will hang him very soon.”
Karua interprets these statements as an admission that Gen. Kainerugaba personally ordered her deportation while serving as Chief of Defence Forces.
She argues that under Article 208 of the Ugandan Constitution, the Uganda People’s Defence Forces are subordinate to civilian authority and that the CDF has no legal power to make immigration decisions.
She emphasizes that barring her from Uganda has denied Besigye and Lutale their chosen legal representation and threatens their right to a fair trial.
Karua is urging the High Court to intervene, warning that failure to act could seriously damage the independence of the legal profession, the applicants’ fair hearing rights, and the broader constitutional framework.
The application lists Gen. Muhoozi Kainerugaba as the first respondent and the Attorney General as the second. Neither has yet filed a response.
Besigye and Lutale were arrested in Nairobi in November 2024 at a book launch event organized by Martha Karua.
Prosecutors allege the pair travelled to Kenya to plan the overthrow of the Ugandan government. They further claim that various opposition figures, including Erias Lukwago, took part in meetings outside Uganda to discuss removing the government.
Court documents indicate that some meetings were secretly recorded by an American national named Andrew Wilson, whom prosecutors describe as an informant who later collaborated with Ugandan security agencies.

