Uganda Case Law

Rtd Captain Amon Byarugaba and Others v Attorney General

Rtd Captain Amon Byarugaba and Others v Attorney General (Constitutional Petition No. 44 of 2015) [2022] UGCC 11 (15 December 2022)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition No. 44 of 2015

Judge

Monica K. Mugenyi, JCC, Kakuru, JCC, Musoke, JCC, Kiryabwire, JCC, Buteera, DCJ

The majority of the Constitutional Court held that the 1995 Constitution vests the administration of justice for civilians exclusively in the courts of judicature established under Article 129, which do not include military courts. Parliament's power under Article 210 to regulate the UPDF does not extend to conferring judicial power over civilians on military courts. Sections 119(1)(g) and (h) of the UPDF Act, to the extent that they purport to subject civilians to military law and trial by military courts, are inconsistent with the Constitution and thus null and void. Military courts are dis…

Source excerpt

• Military Jurisdiction
• Fair Trial Rights
• Judicial Independence
• Parliamentary Powers
• Disciplinary Tribunals