Former CEO of the Law Society of Kenya Apollo Mboya has filed a petition seeking to have a court summon Ugandan military General Muhoozi Kainerugaba over an alleged treason offence in relation to remarks of a military invasion in Nairobi. 

Mr Mboya, in an application filed at the magistrate’s court in Milimani, Nairobi, is also seeking an order directing the Director of Public Prosecutions (DPP) and Kenya’s Inspector-General of Police to furnish the court with an investigations report and charge sheet, if any, with respect to the alleged offence.

Read: General Muhoozi Kainerugaba stirs the hornet’s nest, again

"The inaction of the DPP and Inspector-General not only compromises national security of the Republic of Kenya but is also contrary to the national values of patriotism enunciated in Article 10 of the Constitution," says Mr Mboya.

The lawyer believes that Gen Muhoozi, who is also the Commander of Uganda People’s Defence Forces (UPDF) and son of Ugandan President Yoweri Museveni, has committed an offence of treason based on the disputed tweets.

He argues that the alleged offence is a threat to the Kenya's territorial integrity.

Offensive tweets

The alleged offensive tweets by Gen Muhoozi were published on October 3 and 18, 2022.

On October 3, 2022 through his official twitter handle Gen Muhoozi tweeted: "It wouldn't take us, my army and me, 2 weeks to capture Nairobi. I'm happy that members of our district in Kenya, have responded enthusiastically to my tweet. It is still 2 weeks to Nairobi. After our army captures Nairobi, where should I live? Westlands? Riverside?" 

On October 18 he further tweeted: "I hear some journalists from Kenya asked my father to ban me from Twitter? Is that some kind of a joke?? I am an adult and NO ONE will ban me from anything!"

Read: How Muhoozi’s ambition is putting Museveni-Ruto ties at risk

"Mr Muhoozi who is a senior military officer in Uganda has committed treasonable offences of threatening national security, territorial integrity and sovereignty of Kenya after expressing his intention to launch a military invasion to capture Nairobi, the capital city of the Republic of Kenya within two weeks," says Mr Mboya in his application. He wants the application certified urgent.

The lawyer is also concerned that after the disputed tweets, President Museveni promoted Gen Muhoozi to full military status.

"The Head of State of the Republic of Uganda, who is also the Commander of the Uganda Peoples' Defence Forces, has rewarded Lt. General Muhoozi Kainerugaba by promoting him to a full general of UPDF following his threats to invade Kenya, thereby conferring additional capabilities to General Muhoozi Kainerugaba," states the lawyer.

In urging court to allow his application, Mr Mboya says Section 45 of Kenya’s Penal Code provides that a person cannot be tried for treason unless the prosecution is commenced within two years after the offence is committed. By Joseph Wangui, Daily Nation