KAMPALA: Gawaya Tegule, a Ugandan lawyer and human rights activist has dragged Lt Gen Muhoozi Kainerugaba to court for allegedly making presidential declarations through birthday parties.
According to the May 6, 2022, petition in which he lists Lt Kainerugaba, the Chief of Defence Forces and the Attorney General as respondents, Tegule states that the acts dubbed MK@48 jeopardise the rule of law and respect of the constitution since they set a bad precedent for the young generation.
“The actions, conduct and character of the 1st Respondent set a bad example to the nation in general and do jeopardize the rule of law, respect for the Constitution and the breeding of good, disciplined, law-abiding citizens envisaged under Objective 29 of the National Objectives and Directive Principles of State Policy, of the Constitution,” the petition reads in part.
Tegule states that the acts of the 1st Respondent being a serving officer of the UPDF are political and partisan in nature aimed at promoting the Chwezi dynasty through the succession of the incumbent President and father to the ‘1st Respondent.
“The acts of the 1st Respondent (Kainerugaba) being a serving officer of the UPDF are political and partisan in nature aimed at promoting the National Resistance Movement (NRM) Party headed by his father. The activities of MK 048 and the Twitter handle of the 1st Respondent are political in nature aimed at taking over power as successor to his father using methods and means not consistent with the grand norm,” the petition reads in part.
According to the petition, the withdrawal of funds to pay to the security operatives deployed to provide security and guard services to the 1st Respondent on his birthday were not authorised by law as an expenditure chargeable on the Consolidated Fund.
Tegule said the inaction or loud silence by the UPDF, which Kainerugaba serves, is equivalent to the approval or sanction of his activities.
“Previously, acts with political overtones by serving officers -take Gen. David Tinyefuza (now Sejusa) and Maj. Gen. Henry Tumukunde have been met with quick, malevolent crackdowns by the UPDF, which included suspensions and court proceedings in the name of disciplinary sanction,” the petition states.
“The summation of the activities of the 1st Respondent, aggravated by the unqualified and unprecedented highhandedness, impunity and absolute disregard of the Constitution, together with the inaction or connivance of the 2nd and 3rd Respondents manifestly put the 1st Respondent at a position superior to the Constitution, which offends Article 2 of the said Constitution that provides for the supremacy of the Constitution.
Tegule states that it is in great public interest that the 1st Respondent’s actions, character and conduct be declared illegal and un-constitutional in order to redeem the sanctity of the Constitution of the Republic of Uganda and to also restore harmony and public confidence in the Uganda People’s Defence Forces (UPDF) which is supposed to be a national army.
