Uganda Case Law

Tumwesigye v Uganda

Tumwesigye v Uganda (Miscellaneous Application 133 of 2025) [2025] UGHCCRD 18 (17 April 2025)

Court

HC: Criminal Division (Uganda)

Case number

Miscellaneous Application 133 of 2025

Judge

Muwata, J

The General Court Martial lacks jurisdiction over the applicant, a civilian, rendering his continued detention unlawful. The applicant has been detained for over 1,500 days without trial, far exceeding the constitutional threshold of 180 days for mandatory bail under Article 23(6)(c) of the Constitution and Section 15(2) of the Trial on Indictments Act. The High Court possesses inherent powers to intervene in exceptional circumstances to prevent abuse of process and administer substantive justice. The respondent failed to provide any evidence to support its arguments against bail, and the law…

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• Mandatory Bail
• Jurisdiction Of Military Courts
• Prolonged Detention Without Trial
• Constitutional Rights Of Accused
• Burden Of Proof On State

Mulebi v Officer in Charge Kigo & Ors (Misc Cause No. 125 of 2013)

Mulebi v Officer in Charge Kigo & Ors (Misc Cause No. 125 of 2013) [2013] UGHCCD 867 (20 December 2013)

Court

HC: Civil Division (Uganda)

Case number

Misc Cause No. 125 of 2013

The court held that habeas corpus is not the appropriate proceeding to challenge the jurisdiction of the General Court Martial or the validity of the charge sheet. The applicant was lawfully detained, tried, and convicted by a recognized court of law, and the return of the writ established the legal authority for his detention. The legality of the charges and the jurisdiction of the court martial are matters for the trial court, not for determination in habeas corpus proceedings. Since the applicant was convicted of unlawful possession of firearms that are a monopoly of the UPDF, there is a s…

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• Habeas Corpus
• Jurisdiction Of Military Courts
• Unlawful Detention
• Remand Procedure

Balidawa v Officer in Charge Kigo Prison & Ors (Misc Cause No. 022 of 2013)

Balidawa v Officer in Charge Kigo Prison & Ors (Misc Cause No. 022 of 2013) [2013] UGHCCD 166 (20 December 2013)

Court

HC: Civil Division (Uganda)

Case number

Misc Cause No. 022 of 2013

The High Court dismissed a habeas corpus application, holding that challenges to military court jurisdiction and the charge sheet belonged in the trial court, not habeas proceedings.

• Habeas Corpus
• Jurisdiction Of Military Courts
• Unlawful Detention
• Remand Procedure
• Habeas-corpus
• Unlawful-detention

Lujila v O/C Kigo Prison & Ors (Misc Cause No. 86 of 2013)

Lujila v O/C Kigo Prison & Ors (Misc Cause No. 86 of 2013) [2013] UGHCCD 134 (7 October 2013)

Court

HC: Civil Division (Uganda)

Case number

Misc Cause No. 86 of 2013

The applicant is lawfully detained pursuant to a valid remand warrant issued by the General Court Martial, a competent court with jurisdiction over civilians found in possession of firearms ordinarily the monopoly of the defence forces, as established by Section 119(1)(h) of the UPDF Act and affirmed by the Supreme Court in Namugerwa Hadija v DPP & Attorney General. The legality of the charge and whether the weapon in question is the monopoly of the defence forces are triable issues for the trial court and not for habeas corpus proceedings. No constitutional question arises, as the relevant p…

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• Habeas Corpus
• Jurisdiction Of Military Courts
• Unlawful Detention
• Remand Without Trial

Namugerwa v Attorney General

Namugerwa v Attorney General [2013] UGSC 20 (19 June 2013)

Court

Supreme Court of Uganda

The Supreme Court held that civilians in Uganda can become subject to military law under Section 119(1)(g) and (h) of the UPDF Act if found in unlawful possession of arms, ammunition, or equipment ordinarily the monopoly of the Defence Forces. Once subject to military law, such civilians may be tried by the General Court Martial for service offences, including those under the Penal Code Act or Firearms Act. The Court found that the charge sheet against Ssali Mohamed alleged possession of a firearm described as ordinarily the monopoly of the Defence Forces, thereby establishing the necessary l…

Source excerpt

• Habeas Corpus
• Jurisdiction Of Military Courts
• Unlawful Detention
• Service Offences
• Application Of Updf Act
• Civilian Subject To Military Law