Faridah N Kulumba
Africa-Press – Uganda. The President of Uganda’s son Gen. Muhoozi Kainerugaba, the Speaker of Parliament, Annet Anita Among, and her deputy, Thomas Tayebwa and others were last week dragged to court by a legal practitioner Male Mabirizi for allegedly organizing an unlawful gathering in Eastern region of Uganda.
According to the case that was filed at Kumi Chief Magistrates Court 21 other people were accused including the Minister of Health, Dr. Jane Ruth Aceng, State Minister for Education and Sports, Peter Ogwang, and Members of Parliament from within Teso and other parts of the country.
This followed Gen Muhoozi also Senior Presidential Advisor on Special Operations to his father President Yoweri Kaguta Museveni and other members of the ruling National Resistance Movement party invited by the Speaker to conduct public rallies that attracted thousands of people in the Kachumbala and Kongunga sub-counties in Bukedea district.
Gen Muhoozi Kainerugaba (MK) towards the end of April 2022, signaled his desire to go public about his presidential ambitions when he auspiciously turned his 48th birthday celebrations into a national event.
The first son’s expression of interest in succeeding his father who has been in power for more than 35 years since 1986, came after almost a decade of speculations.
Muhoozi is a serving Uganda People’s Defence Forces (UPDF) officer who has been moving around the country in a bid to replace President Yoweri Museveni in the 2026 general elections.
Grounds
The petitioner Mabirizi argues that the accused persons, under the MK Movement/MK Army, organized, managed, and addressed a political gathering where political statements and activities were made and performed.
He says that the gathering was unlawful contrary to Sections 56 and 57 of the Penal Code Act, conspiracy to commit a felony contrary to Sections 180 of the Uganda Peoples’ Defense Forces Act, 2005, and Section 390 of the Penal Code Act.
The other grounds are scandalous conduct by the officers, conducting prejudicial to good order and discipline, disobedience of statutory duty, common nuisance, and conspiracy to commit misdemeanors. Mabirizi also wants the court to issue criminal summons against the accused persons.
Counsel Mabirizi further explained that he attached an affidavit that is evidence that shows that Muhoozi is still a serving military officer.
Other Cases
This is not the first time Gen, Muhoozi has been dragged to court for engaging in politics. In May last year, Mabirizi ran to the East African Court of Justice seeking a permanent injunction to restrain Muhoozi, a serving Ugandan army officer from organizing and addressing political rallies and gatherings.
Mabirizi also wanted the court to order the speaker of parliament, members of parliament, ministers, police and military commanders, officers, resident district commissioners, and government and local government officials from watching, guarding, participating in organizing or any other related activity in furtherance of Muhoozi’s political activities as long as he is still a serving military officer.
Also on 7th May 2022, while he was still serving as the Commander of Land Forces, the constitutional Court summoned him to respond to a petition in which he was accused of expressing his presidential ambitions yet he is still serving army officer.
This followed one human rights lawyer Gawaya Tegulle petitioning the Constitutional Court challenging what he called unconstitutional acts by Gen Muhoozi of engaging in political activities and pronouncements as he celebrated his birthday despite being a serving army officer.
Tegule argued that Article 208 (2) of the Constitution of Uganda provides that UPDF shall be non-partisan, and national in character. He added that Muhoozi as a serving officer in UPDF acted in an indisciplined manner, lacking good character when with impunity, breached the Code of Conduct for the defence forces.
Others who were sued by Tegulle included the Chief of Defence Forces(CDF) Wilson Mbadi for his alleged failure to provide advice or warn Gen Muhoozi about the legality and untenable nature of his actions, character, and conduct even when it is clear that the same is in contravention of the Constitution.
Also, Uganda’s Attorney General Kiwanuka Kiryowa was sued for his alleged failure to give proper legal advice and guidance to the UPDF.
On 11th November last year, Mabirizi petitioned the court to add new charges to Muhoozi’s case including scandalous conduct by officers, and conspiracy to commit misdemeanors.
According to amended charge sheets, Mabirizi alleged that on the 10th of October Muhoozi while in Kampala addressed a public gathering and made public political statements whose conduct was against public order, expectations, and morality and which directly or indirectly affected other Ugandans.
Criticisms
An opposition legislator Ibrahim Ssemujju Nganda criticized the speaker of Ugandan parliamen and her deputy for their alleged involvement in Muhoozi Kainerugaba’s nationwide tours, which have been deemed unlawful by a large section of political commentators.
Ssemujju added that parliament’s two top leaders shouldn’t be part of an illegality – more so when there is even a pending case in the East African Court of Justice (also filed by Mabirizi) over the same matter.
It is still not clear when Uganda’s first son Muhoozi will be likely to stand for Presidency. His father’s term in office will end in 2026, and Gen Muhoozi is still serving in Uganda’s army UPDF yet the Ugandan constitution forbids serving soldiers from participating in active politics.
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