Lt Gen Muhoozi Kainerugaba
City lawyer Gawaya Tegulle has dragged first son Lt Gen Muhoozi Kainerugaba to the Constitutional Court seeking declarations to the effect that his 48th birthday celebrations and political undertones as well as speeches violate provisions of the consititution.
In the petition filed before the Constitutional Court on May 06, Lt Gen Kainerugaba is the first respondent, Chief of Defence Forces (CDF) Gen Wilson Mbasu Mbadi the second and Attorney General Kiryowa Kiwanuka the third.
Tegulle argues that in his capacity as a serving UPDF officer and Commander of the Land Forces contravened provisions of the laws of Uganda when he held his birthday celebrations across the country, with political statements being openly made by him and his supporters.
The lawyer, who is a member of the Uganda Law Society, also says that the MK@48 birthday celebrations held at national and district levels were full of political pronouncements.
He further submits that just like the birthday celebrations and political statements thereof, the activity on Lt Gen Kainerugaba’s Twitter handle is inconsistent with and contravenes of Article 208 (2) of the constitution. “The activities of MK@48 and the Twitter handle of the first Respondent [Kainerugaba] are political in nature aimed at taking over power as successor to his father using methods and means not consistent with the Grundnorm.”
According to Article 208 (2) of the constitution, the Uganda Peoples’ Defence Forces is mandated to be non-partisan, national in character, patriotic, professional, disciplined, productive and subordinate to the civilian authority as established under this constitution and also in violation of Articles 2,3,209 and 210.
Tegulle also notes that Lt Gen Kainerugaba is either feared or favoured by the those supposed to supervise him, including CDF Mbadi.
“The above acts of the first Respondent [Muhoozi] in as far as they infringe and violate the constitution are inconsistent with and a contravention of article 3 of the constitution rending him liable for punishment in accordance with the law,” Tegulle further claimed in his petition, which is expected to be a defining point in the so-called Muhoozi Project.
“The first Respondent [Lt Gen Kainerugaba] who also happens to be the son of the current President of the Republic of Uganda, Gen Yoweri Kaguta Tibuhaburwa Museveni, is enjoying unlawful and unconstitutional preferential treatment from the UPDF and is not being duly reprimanded, supervised or otherwise called to order by the second Respondent [Gen Mbadi] simply because he is the son of the president which manifestly offends Article 21 that provides for equality before and under the law.”
Tegulle further contends that by failing to advise the first son or issue warning against his behavior and make it clear to him that his actions, character and conduct were untenable in nature. The city lawyer says that Gen Mbadi failed to offer due leadership, guidance, oversight and command expected of a conscientious and competent chief of defence forces.
It should be remembered that Gen Mbadi okayed a football match between the UPDF generals and MPs as part of celebrations to mark Kainerugaba’s 48th birthday. The CDF himself took part in the football match and even scored for the UPDF generals who lost the game to Parliament.
Tegulle also seemed to question why the UPDF had continue to look on as the first son continued to make political statements yet the state quickly malevolently cracked down on army generals such as Gen David Tinyefuuza (Sejusa) and Henry Tumukunde, including suspending them and taking them through disciplinary procedures over political overtones.
Tegulle also faults AG Kiryowa Kiwanuka for failing to use his position as the government’s principal legal advisor to advise the first son from breaking the law.
The lawyer argues that AG Kiwankuka omitted, failed or otherwise refused to provide good, fitting and proper legal advice and guidance to the UPDF in general and the first Respondent in particular that the acts and overtones of the first Respondent are manifestly unconstitutional and not tenable in the army which is supposed to be professional, non-partisan and of good character, thereby offending Articles 2 and 119 (4) (a) of the constitution.
AG Kiwanuka is said to be one of the top government officials pushing the ‘Muhoozi Kainerugaba Presidency Project.’ He is among those ministers the first son is believed to trust in his circles.
It was therefore not surprising that when Muhoozi first announced the committee to organize his 48th birthday, Attorney General Kiryowa Kiwanuka was on the list as chairman.
The lawyer also questioned the source of the money and financing of deployments for the Kainerugaba birthday celebrations. He submits that the deployments made to secure the first son’s birthday celebrations were an expenditure on the Consolidated Fund yet the parties only benefited a private individual and did not qualify as a service provided by the Government of Uganda.
Tegulle now wants the Constitutional Court to declare that the totality of the first son’s acts amount to his being partisan, unprofessional, indisciplined, and not of good character; and that the actions, conduct and character of the first son set a bad example to the nation in general and do jeopardize the rule of law, respect of the constitution and the breeding of good, disciplined, law-abiding citizens,
“It is in great public interest that the first respondent’s actions, character and conduct be declared illegal and unconstitutional 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 Peoples defence forces (UPDF) which is supposed to be a national army,” he added.
Kainerugaba, Mbadi and Kiwanuka have 10 days within which to respond to the petition, in which Tegulle even asked court to prosecute President Museveni’s son for treason.
Meanwhile, cracks are emerging within Museveni’s NRM as Muhoozi’s camp plots creation of a new political party for the first son’s 2026 presidential project. (Read Story Here).
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