Supreme court stays ruling on prosecution of civilians in army court
July 16, 2021 Chief justice Alfonse Owiny-Dollo
The Supreme court has issued an interim order staying the execution of a Constitutional court ruling barring the military court from prosecuting civilians.
The order was issued Thursday by a panel of five justices led by chief justice Alfonse Owiny-Dollo following a petition filed by the attorney general. Owiny-Dollo said that he had listened to the arguments of both sides and found that they had raised serious issues for which his court needed more time to internalize before a detailed ruling is delivered.
Two weeks ago, the Constitutional court in a 3-2 majority decision ruled that civilians cannot be subjected to military law and ordered the transfer of their cases to civil courts within 14 days for retrial or be dealt with as court may seem fit. Justices Kenneth Kakuru, Hellen Obura and Remmy Kasule ruled in f
“Emphasizing that the jurisdiction of the General Court Martial is limited to the provisions of the UPDF Act by necessary implication means that its jurisdiction does not extend to other Acts of parliament. The composition and the power of appointment of the Court Martial members by the UPDF High Command further emphasize its restrictive nature. Parliament intended that the jurisdiction of the General Court Martial extends only to the UPDF,” a ruling by justice Kenneth Kakuru reads in part.
The court’s ruling follows a 2016 petition by the then Nakawa MP Michael Kabaziguruka challenging his trial in the General Court Martial. Kabaziguruka was accused of being found with firearms - a preserve of armed forces. It was said then that he intended to use them to overthrow a democratically elected government of Uganda.