The Constitutional Court has summoned the commander of the land forces, Lt. Gen. Muhoozi Kainerugaba, to respond to a petition accusing him of voicing his ambitions for president, despite still being a duty army officer.Last Thursday, attorney Gawaya Tegulle filed a petition with the Constitutional Court challenging unconstitutional acts by General Muhoozi to engage in political activities and speech when 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 received the court summons.
“We will serve them [Gen Muhoozi and the group] every day this week since we got the summons out of the court,” said Mr. Luyimbazi.
In his petition, Mr. Tegulle called for the Tate n by General Muhoozi, called [emailprotected], which included among others; National and district birthday celebrations, as well as political statements in general, and the apparent presidential campaigns in particular, on his Twitter handle @MK [@mkainerugaba] are contrary to Article 208(2) of the Constitution, which provides that UPDF is non-partisan and of a national character.< /p>
“As the duty officer of the UPDF, the first defendant (Gen Muhoozi) acted in a disorderly manner, lacking good character when violating the code of conduct of the Defense Forces with impunity,” says the petitioner.
< p>According to May 6 court documents, the First Son has 10 days to file his defense after receiving the subpoena.
Also subpoenaed is Chief of Defense Forces Wilson Mbadi (CDF) and Attorney General Kiwanuka Kiryowa , who are the co-defendants.
“If you do not respond by the above date, the petitioner may proceed with the petition, which in your absence senheit can be decided,” reads part of the co Urt subpoena signed by the registrar.
The CDF has been sued for his alleged failure to educate General Muhoozi about the legality and untenability of his actions, character and conduct to advise or warn, even when it is clear, is also unconstitutional.
Similarly, the Attorney General has been sued for his alleged failure to provide the UPDF with proper legal advice and guidance.
“ The first defendant (Gen Muhoozi), who happens to be the son of the current President, Gen Yoweri Kaguta Museveni Tibuhaburwa, enjoys unlawful and unconstitutional preferential treatment by the UPDF and is not properly reprimanded, monitored or otherwise disciplined by the second defendant (CDF ), simply because he is the President’s son, which violates Article 21, which provides for equality before and after the law.” , insists Mr Tegulle.
Through his lawyers Thomas & Michael Advocates and Nalukoola Advocates & Solicitors, the petitioner says the court should declare these acts unconstitutional.
Mr Tegulle also wants a court to condemn the silence and inaction, which he interprets as endorsement by the UPDF.
Some of the birthday celebration activities included public rallies, a street run at the Kololo Independence Grounds, a party at the Lugogo Cricket Oval in Kampala and a dinner at the State House in Entebbe, celebrated by Rwandan President Paul Kagame, who has been away from the country for almost four years.
There was also a football match attended by UPDF officers and MPs attended, and the distribution of T-shirts with slogans such as “Vote President Muhoozi Kainerugaba”.