Constitutional Court Summons Muhoozi, Mbadi over presidential declarations

KAMPALA, UGANDA: The Constitutional Court in Kampala has summoned Lt Gen Muhoozi Kainerugaba, the first son and UPDF Land Forces Commander, and General Wilson Mbadi, the Chief of Defence Forces over accusations of declaring ambitions to run for presidency yet he is still a serving army officer.

Also summoned is Attorney General Kiwanuka Kiryowa who according to a petition filed last week is accused of failing to regulate the Land Forces Commander on the code of conduct of a serving UPDF officer.

On the other hand, Gen Wilson Mbadi 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.

According to the May 6 court documents, Muhoozi and his co-accused have been given 10 days to file his defence upon receipt of the summons.
“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,” the court summons signed off by the constitutional court registrar reads in part.

Last week on Thursday, a city 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.

In the petition seen by DailyExpress, lawyer 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,” read Tegulle’s petition.

Through his lawyers of Thomas & Michael Advocates and Nalukoola Advocates & Solicitors, Tegulle says court should declare these acts unconstitutional.

Speaking to DailyExpress in a phone conversation on Sunday, Counsel Luyimbazi Nalukoola, the lawyer representing the petitioner said they had been made aware of the court summons and only looking forward to hear from the respondents over the matter.
“We shall serve them [Gen Muhoozi and group] any day this week since we have extracted the summons from court,” said Counsel Nalukoola.

Some of the birthday fete activities which are still ongoing 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”.

The latest of the birthday fete was the mega dinner held Saturday, May 07, in Entebbe which among prominent figures to grace the event included; Police Spokesperson CP Fred Enanga, Deputy Speaker Thomas Tayebwa, and Attorney General Kiryowa Kiwanuka (also the chairman of the organizing committee of these events).