Kipoi v Attorney General (MISCELLANEOUS APPLICATION NO.230 OF 2018) [2019] UGHCCD 44 (8 February 2019)
Court
HC: Civil Division (Uganda)
Case number
MISCELLANEOUS APPLICATION NO.230 OF 2018
Judge
Musa Ssekaana, J
The High Court dismissed a civilian applicant’s challenge to General Court Martial proceedings, holding the court should not interfere with ongoing criminal process.
Semakula v Attorney General & DPP (Civil Appeal 9 of 2012) [2015] UGCA 2021 (7 December 2015)
Court
Court of Appeal of Uganda
Case number
Civil Appeal 9 of 2012
Judge
Nshimye, JA, Aweri-Opio, JA, Tibatemwa, JA/ JCC
The Court of Appeal held that the General Court Martial has jurisdiction to try civilians who, by their conduct, become subject to military law under Section 119 of the UPDF Act, such as being found in unlawful possession of arms ordinarily the monopoly of the UPDF. The charge against the subject was properly defined under the Penal Code Act, and the punishment prescribed. The application for habeas corpus was not the appropriate procedure to challenge the legality of the detention, as the subject was lawfully convicted by a competent court. Any challenge to the jurisdiction of the General Co…