Matooke Republic
Monday, July 7, 2025
  • Home
  • News
  • Entertainment
  • Gossip
  • Features
  • Business
  • Sports
  • Health
  • Photos
  • Relationships
Matooke Republic
  • Home
  • News
  • Entertainment
  • Gossip
  • Features
  • Business
  • Sports
  • Health
  • Photos
  • Relationships
No Result
View All Result
Matooke Republic
No Result
View All Result

No more trials of civilians in Army Court Martial– Constitutional Court

William Kasoba by William Kasoba
July 2, 2021
in News
Reading Time: 2 mins read
12
SHARES
Share on FacebookShare on Twitter

The Constitutional Court has ruled that the Army Court Martial has no powers to try civilians. According to the ruling delivered by Justice Kenneth Kakuru civilians can only be tried in the Court Martial if an individual volunteers to join the armed forces.

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.

“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 Kakuru reads in part.

RELATED POSTS

Properties owned by late billionaire Aponye at risk of auction over Shs15 billion loan arrears

NUP launches probe into allegations of extortion and sexual harassment in exchange for party tickets

Justice Kakuru delivered that the General Court Martial’s jurisdiction is only limited to trying service offences specified under the UPDC Act and only in respect of persons subject to military law.

“Military law under the UPDF Act must be construed to exclude laws that are the preserve of civil courts of judicature. Persons subject to military law must exclude all those who have not placed themselves under the jurisdiction of the UPDF Act.

A civilian can only become subject of military law if he or she is an accomplice in an offence committed by a person subject to military law as a principle offender,” read the ruling in part.

Justice Kakuru ordered that all civilians currently under Court Martial trial must now be released within 14 days of the decision.

For those that were sentenced by the same court, Kakuru said; “All those persons not subject to military law who are currently serving sentences imposed by the military courts contrary to the Constitution should have their case files transferred to the High Court Criminal Division for retrial or to be dealt with as that Court may direct.”

Related

Tags: Army Court Martialconstitutional courtJustice Kenneth Kakuru
Share5Tweet3Send
William Kasoba

William Kasoba

Related Posts

Dr Kizza Besigye and his co accused.

Besigye charged with possession of two pistols, remanded until next month

by Matooke Republic
8 months ago

...

Dr. Kizza Besigye.

Besigye to be arraigned before Army Court Martial after abduction from Kenya

by Matooke Republic
8 months ago

...

Constitutional Court upholds the Anti Homosexuality law

by Matooke Republic
1 year ago

...

Lawyers petition court to abolish cash bail conditions

by Matooke Republic
1 year ago

...

Petitioner Mr Michael Aboneka (L) together with his lawyer Mr George Musisi (R) at the Constitutional Court.

Lawyer petitions court to stop MPs from serving as ministers

by Matooke Republic
1 year ago

...

Next Post

Man kills his ex-wife, hands himself over to Police with the killer panga

Boda boda rider knocks police officer at checkpoint

RECOMMENDED

dfcu Bank partners with Makerere University to advance research, innovation, and student support

July 6, 2025

Key Kenyan media personalities react to Bebe Cool’s Break the Chains Album

July 6, 2025
  • 643 Followers
  • 23.9k Followers

MOST VIEWED

  • Here is how to use NIRA’s new online portal to register or renew your national ID

    3830 shares
    Share 1532 Tweet 958
  • Kampala University proprietor Prof Kateregga’s wife rejects DNA results indicating one of three children is not his, demands fresh test in the United States

    90 shares
    Share 36 Tweet 23
  • DNA test confirms late MP Ssegirinya was father to only 4 of 9 children presented after his death

    90 shares
    Share 36 Tweet 23
  • Dj Karo finally wins over Cedric Babu’s heart, introduction underway

    180 shares
    Share 72 Tweet 45
  • Pastor Bugingo’s daughter Doreen Gift awarded scholarship to Arizona State University in the US

    60 shares
    Share 24 Tweet 15
Matooke Republic

Uganda's only free Newspaper. Out every Thursday. Freshly peeled info. kiwatule, Kampala, Uganda.

  • Home
  • News
  • Entertainment
  • Gossip
  • Features
  • Business
  • Sports
  • Health
  • Photos

© Matooke Republic 2024

© Matooke Republic 2024

This website uses cookies. By continuing to use this website you are giving consent to cookies being used. Visit our Privacy and Cookie Policy.