Uganda’s Constitutional Court has ruled that the Army Court Martial can not try civilians unless they have volunteered to join the armed forces.
All civilians currently under trial there must now be released within 14 days of the decision.
The ruling has been welcomed by many who have for long opposed the act of civilians being tried I the Court Martial.
In a majority ruling of three justices against two, the court ruled that although the Court Martial is a competent court under the 1995 Constitution, its powers are only limited to serving officers of the Uganda People’s Defense Forces.
“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.
It came following a 2016 petition by the then Nakawa Member of Parliament 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. Kabaziguruka who was arrested and detained for several months denied the charges which he called politically motivated.
“You do not have to be a lawyer to know that trying civilians in a court-martial is wrong. They were set up for serving men and women. We are glad that the constitutional court has interpreted the law. They have not formed a new law – Joel Ssenyonyi, Nakawa West MP and opposition NUP Party spokesperson said.