The legal team says repeated attempts to locate the military chief through official channels have been unsuccessful, prompting them to explore alternative methods permitted under Ugandan law.
The development follows a recent High Court directive requiring Gen. Muhoozi, together with Col. Peter Ahimbisibwe, Lt. Col. Ephraim Byaruhanga, and the Attorney General, to file their defense in response to a human rights enforcement application lodged by Besigye and Lutale.
Justice Emmanuel Baguma issued the order on Thursday, giving the respondents seven days to formally respond to the allegations contained in the petition.
According to the lawyers, serving the Attorney General was completed successfully on Friday. The Attorney General’s chambers acknowledged receipt of the court documents, allowing the legal process to proceed against one of the respondents.
However, the lawyers say the remaining respondents have proven more difficult to reach.
Speaking to journalists, senior lawyer Erias Lukwago explained that efforts are underway to serve Col. Peter Ahimbisibwe and Lt. Col. Ephraim Byaruhanga, who are reportedly being held at Mbuya Military Barracks.
Lukwago said the legal team is first seeking confirmation of their exact location before proceeding with the service process in accordance with laws governing court summons for detained individuals.
“We understand that they are being held in military detention facilities, and once we verify their location, we shall follow the established procedures to ensure they are properly served,” Lukwago said.
The biggest challenge, according to the defense team, has been locating Gen. Muhoozi himself.
Lawyer Eron Kiiza said licensed court process servers were dispatched to locations believed to be associated with the CDF, including his offices, but were unable to successfully deliver the court documents.
Kiiza claimed that personnel encountered during the exercise declined to receive the summons on behalf of the army commander.
“The hardest task has been locating the CDF. We have searched in places where we reasonably expected to find him, but we have not been successful,” Kiiza said.
He added that after encountering obstacles through conventional means, the legal team is considering alternative service methods, including WhatsApp messaging, which has previously been accepted by courts in certain circumstances.
“As a result, we are appealing to anyone who may have his WhatsApp contact to help us. Courts have in the past permitted service through electronic means, including WhatsApp, where traditional service becomes difficult,” Kiiza noted.
The lawyers specifically appealed to individuals known to be close associates of the military chief, including Members of Parliament and government officials who regularly interact with him.
The underlying petition accuses Gen. Muhoozi and other respondents of violating the constitutional rights of Besigye and Lutale.
Among the complaints cited by the applicants are social media statements allegedly made by the CDF concerning Besigye’s legal troubles.
The petitioners argue that some of the comments were prejudicial and undermined principles of fairness, including the constitutional presumption of innocence.
Their legal team maintains that public statements about ongoing legal matters can influence public perception and potentially interfere with judicial processes.
Beyond the social media concerns, Besigye and Lutale are also challenging the circumstances surrounding their arrest and transfer to Uganda.
The two claim they were unlawfully taken from Nairobi, Kenya, and brought back to Uganda without following proper legal procedures.
Their petition further questions their initial prosecution before the General Court Martial, citing a Supreme Court ruling that restricted the trial of civilians in military courts.
The case has attracted significant public attention because of the high-profile individuals involved and the broader questions it raises regarding human rights, due process, and the relationship between civilian and military justice systems.
The latest court action comes after proceedings in a separate treason and misprision of treason case failed to progress as expected earlier this week.
During that hearing, only one of the accused persons, Capt. Denis Oola, appeared before the court. Besigye and Lutale were absent, leading the court to postpone the matter.
Justice Baguma subsequently adjourned the proceedings until June 30 and issued production warrants requiring the appearance of Besigye and Lutale at the next hearing.
Political observers say the legal battle is likely to remain in the spotlight as both sides prepare for the next stage of the proceedings.
