KAMPALA, Uganda
The Constitutional Court has
summoned the Commander of Land Forces, Lt Gen Muhoozi Kainerugaba, to respond
to a petition in which he is accused of expressing his presidential ambitions
yet he is still a serving army officer.Gen Muhoozi Kainerugaba salutes to his father Yoweri Museveni
Last Thursday, lawyer Gawaya
Tegulle petitioned the Constitutional Court challenging what he called
unconstitutional acts by Gen Muhoozi of engaging in political activities and
pronouncements as he celebrated his 48th birthday last month despite being a
serving army officer.
Speaking to Daily
Monitor, Mr Luyimbazi Nalukoola, the lawyer representing the petitioner,
said they had secured the court summons.
“We shall serve them [Gen
Muhoozi and group] any day this week since we have extracted the summons from
court,” Mr Luyimbazi said.
In his petition, Mr Tegulle
claimed the acts of Gen Muhoozi, dubbed MK@48, that, among others,
included; national and district birthday celebrations as well as political
pronouncements in general and the manifest presidential campaigns in particular
on his Twitter handle,@MK [@mkainerugaba], are inconsistent with Article 208
(2) of the Constitution that provides that UPDF shall be non-partisan, and
national in character.
“As a serving officer of the
UPDF, the 1st respondent (Gen Muhoozi) acted in an indiscipline manner, lacking
good character when with impunity, breached the Code of Conduct for the defence
forces,” the petitioner says.
According to the May 6 court
documents, the First Son has been given 10 days to file his defence upon
receipt of the summons.
Also summoned is the Chief of
Defence Forces Wilson Mbadi (CDF) and Attorney General Kiwanuka Kiryowa, who
are the co-defendants.
“Should you fail to file an
answer on or before the date above mentioned, the petitioner may proceed with
the petition which may be determined in your absence,” reads in part the court
summons signed off by the registrar.
The CDF has been sued 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.
Likewise, the Attorney General
has been sued for his alleged failure to give proper legal advice and guidance
to the UPDF.
“The 1st respondent (Gen
Muhoozi), who happens to be the son of the current President, Gen Yoweri Kaguta
Museveni Tibuhaburwa, is enjoying unlawful and unconstitutional preferential
treatment from the UPDF, and is not being duly reprimanded, supervised or
otherwise, called to order by 2nd respondent (CDF) simply because he is the son
of the President, which offends Article 21 that provides for equality before
and under the law,” Mr Tegulle avers.
Through his lawyers of Thomas
& Michael Advocates and Nalukoola Advocates & Solicitors, the
petitioner says court should declare these acts unconstitutional.
Mr Tegulle also wants court to
condemn the silence and inaction, which he interprets as approval by the UPDF.
Some of the birthday bash
activities included public rallies, a road run flagged off at Kololo Independence
Grounds, a party at Lugogo Cricket Oval in Kampala, and a dinner at State House
in Entebbe that was graced by Rwandan President Paul Kagame, who had not been
in the country for close to four years.
There was also a football
match involving UPDF officers and MPs, and distribution of T-shirts inscribed
with words like “Vote President Muhoozi Kainerugaba”. – Daily Monitor
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