Uganda Chief of Defence Forces General Muhoozi Kainerugaba Storms Daily Monitor

The recent military storming and forced shutdown of Uganda's leading independent media houses, including Daily Monitor, NTV Uganda, and Spark TV, by order of the Chief of Defence Forces, General Muhoozi Kainerugaba, constitutes a grave violation of constitutional guarantees and international human rights obligations. This article examines the illegality of these actions, highlighting the fundamental breach of freedom of expression and the press enshrined in Article 29 of the Ugandan Constitution and international instruments. It argues that the military's intervention bypasses established legal and regulatory frameworks, undermining the rule of law and setting a dangerous precedent for media freedom in Uganda. The incident underscores the urgent need for adherence to democratic principles and the protection of an independent press.

On Sunday, June 28, 2026, Uganda witnessed a stark assault on its independent media landscape when armed military personnel, acting on orders from the Chief of Defence Forces, General Muhoozi Kainerugaba, raided and forcibly shut down the premises of prominent media houses: Daily Monitor, NTV Uganda, and Spark TV. Journalists and media workers were barred from accessing their workplaces, and television and radio stations were taken off air. This unilateral action, which General Kainerugaba publicly defended by stating he does not "believe in a free press" and possesses the power to shut down any media house, has drawn widespread condemnation both domestically and internationally.

This incident represents a profound challenge to the rule of law and democratic governance in Uganda. It is not merely an operational disruption but a direct and illegal infringement on the constitutionally guaranteed freedom of expression and media. This article will demonstrate that the military's actions are ultra vires, violating Uganda's own constitutional provisions, statutory frameworks, and international human rights commitments, thereby necessitating immediate legal and political redress.

The right to freedom of expression and media in Uganda is a cornerstone of its constitutional framework. Article 29(1)(a) of the Constitution of the Republic of Uganda, 1995, explicitly guarantees every person the right to freedom of speech and expression, which "shall include freedom of the press and other media." Furthermore, Article 41(1) provides citizens with the right of access to information in the possession of the State, subject to certain limitations. These fundamental rights are reinforced by Article 20, which cements the protection of individual rights and freedoms and obliges the state to respect, uphold, and promote them.

Complementing these constitutional provisions, specific legislation governs the media sector. The Press and Journalist Act (Cap. 105) establishes the Media Council, tasked with regulating mass media, promoting ethical standards, and arbitrating disputes within the industry. While intended to ensure press freedom, this Act has faced criticism for provisions requiring mandatory registration and annual practicing certificates for journalists, which can be used to restrict media operations. The Uganda Communications Act, 2013, created the Uganda Communications Commission (UCC) as the primary regulatory body for the communications sector, including broadcasting, and is responsible for licensing and overseeing media operations.

Crucially, the Uganda Peoples' Defence Forces (UPDF) Act, 2005, which regulates the military, stipulates in Article 208(2) of the Constitution that the UPDF "shall be non-partisan, national in character, patriotic, professional, disciplined, productive and subordinate to the civilian authority as established under this Constitution." The UPDF Act (Application to Civilians) Regulations further clarifies that civilians can only be tried by military courts under specific conditions and cannot be arrested by soldiers without a warrant issued by a military court. Beyond national law, Uganda is a state party to key international human rights instruments, including the International Covenant on Civil and Political Rights (ICCPR) (Article 19) and the African Charter on Human and Peoples' Rights (ACHPR) (Article 9), both of which guarantee the right to freedom of expression and information.

The military's actions in storming and shutting down independent media houses represent a clear and undeniable breach of Uganda's legal framework. The Chief of Defence Forces, General Muhoozi Kainerugaba, lacks any legal authority under the Uganda Peoples' Defence Forces Act, 2005, or any other statute, to order the closure of civilian media organizations. The mandate to regulate and, if necessary, suspend media operations rests solely with the Uganda Communications Commission (UCC) under the Uganda Communications Act, 2013, following due process. The absence of any official statement or directive from the UCC regarding the closures further underscores the illegality and arbitrary nature of the military's intervention.

This direct military intervention is a fundamental affront to the principle of civilian supremacy over the military, as enshrined in Article 208(2) of the Constitution. The UPDF is expressly mandated to be subordinate to civilian authority, and its deployment to silence media houses, without lawful civilian instruction or judicial oversight, directly contravenes this foundational constitutional tenet. The actions bypass established legal procedures, including the right to be heard and the requirement for a court order, thereby violating the constitutional right to due process and the rule of law.

Moreover, the shutdown constitutes a severe violation of Uganda's international human rights obligations. Both Article 19 of the ICCPR and Article 9 of the ACHPR protect freedom of expression, including media freedom. While these instruments allow for restrictions on these rights, such limitations must be prescribed by law, necessary, and proportionate to a legitimate aim in a democratic society. The arbitrary use of military force, without legal basis or due process, fails to meet any of these criteria. The phrase "within the law" in Article 9 of the African Charter, while often criticized for allowing states to impose limitations, still requires such laws to be consistent with democratic values and principles, which arbitrary military shutdowns clearly are not.

The Supreme Court of Uganda, in cases such as *Charles Onyango Obbo, Andrew Mwenda Vs. Attorney General Constitutional Appeal No. 2 of 2002*, has affirmed the profound significance of freedom of expression as the "bedrock of democratic governance" and essential for meaningful public participation. The current military actions directly undermine these judicial pronouncements and the spirit of democratic participation. This incident is not isolated, reflecting a broader pattern of crackdowns on independent media and civic space in Uganda, which has included previous suspensions, arrests, and regulatory pressures. The military chief's public declaration of not believing in a free press and his assertion of power to shut down media houses create a chilling effect, fostering self-censorship and further eroding the space for independent journalism.

The lack of a clear legal basis for the military's actions, coupled with the bypassing of the mandated regulatory body (UCC) and the constitutional principle of civilian authority, renders the forced shutdown unequivocally illegal and unconstitutional. It is an act of aggression against media freedom that undermines the very foundations of a democratic society.

The military's forced shutdown of Uganda's leading independent media outlets is an egregious and illegal act that directly contravenes the Constitution of Uganda, its domestic laws governing media and military conduct, and its international human rights obligations. The actions of the Chief of Defence Forces, General Muhoozi Kainerugaba, are ultra vires, bypassing the legally mandated regulatory authority of the Uganda Communications Commission and violating the fundamental principles of due process and civilian supremacy over the military. This incident not only silences critical voices but also sends a chilling message to all independent journalists and media houses, threatening the very fabric of democratic discourse in the country.

For legal practitioners, this situation demands robust advocacy and potential litigation to challenge the unconstitutional and unlawful actions. Media lawyers and human rights advocates must leverage both domestic courts and regional human rights mechanisms to seek immediate redress, including the unconditional reopening of the affected media houses and accountability for those responsible for the illegal shutdown. The international community, including regional bodies like the African Union and the East African Community, must exert sustained pressure on the Ugandan government to uphold its constitutional and international commitments to media freedom and the rule of law. The immediate and unconditional reopening of Daily Monitor, NTV Uganda, and Spark TV, along with an end to all forms of intimidation against journalists, is imperative to restore public confidence in democratic institutions and safeguard the future of independent journalism in Uganda.