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Uganda decisions
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Rtd. Col. Dr. Kizza Besigye & Another v Attorney General & Another (Miscellaneous Cause 31 of 2025) [2025] UGHCCD 29 (24 February 2025)
The High Court dismissed a habeas corpus application by Dr Besigye and Haji Lutale, holding that they had been formally charged and remanded in a court of competent jurisdiction.
Nasasira Grace & Ors v Uganda (Criminal Appeal No. 250 of 2017) [2020] UGCA 53 (26 February 2020)
The Court of Appeal held that the General Court Martial lacked jurisdiction to try the appellants for the offences charged, as some were not subject to military law and the offences fell outside the scope of service offences under the UPDF Act. The composition of the General Court Martial was irregular, changing four times without maintaining the members at the coram, and the final coram lacked a non-commissioned officer as required by law. These procedural irregularities violated the appellants' constitutional right to a fair hearing under Article 28 and Article 44(c). The convictions and se…
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Halogo Humphrey v Uganda (Criminal Appeal No. 259 of 2016) [2020] UGCA 43 (17 February 2020)
The Court of Appeal struck out a criminal appeal from the Court Martial Appeal Court, holding it lacked jurisdiction to hear an appeal over a 20-year sentence.
In Re Muhindo Herbert & 6 Ors (HCT) [2012] UGHC 96 (29 May 2012)
The Applicants, all civilians, were detained for prolonged periods without trial after being charged before the General Court Martial, which lacks jurisdiction over civilians not jointly charged with members of the armed forces or with military-exclusive equipment. Their continued detention without trial constitutes a gross violation of their constitutional rights to liberty and a fair hearing, as protected under Articles 23(4), 28(1), and 44 of the Constitution. The High Court, empowered by Section 34 of the Judicature Act, has jurisdiction to issue a writ of habeas corpus in such circumstan…
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