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.
According to court documents dated 6th/May/2022, the First Son has been given 10 days to file his defence upon receipt of the summons together with 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, the summons reads in part.
On Thursday last week, concerned 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 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 contends.
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.
The Attorney General has been also sued for his alleged failure to give proper legal advice and guidance to the UPDF.
Mr Tegulle also wants court to condemn the silence and inaction, which he interprets as approval by the UPDF.
It should remembered that previously, acts with political overtones by serving officers like Gen David Tinyefuza well known as Sejusa and Lt Gen Henry Tumukunde have been met with quick, malevolent crackdowns by the UPDF which included suspensions and court proceedings in the name of disciplinary sanctions a manifestation of discriminatory approach in application and enforcement of the law.