Uganda Case Law

Kabuleta v Attorney General

Kabuleta v Attorney General (Miscellaneous Cause 8 of 2023) [2023] UGHCCD 414 (11 April 2023)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Cause 8 of 2023

Judge

Baguma, J

The court found that the 32 detainees, though civilians, were charged with unlawful possession of ammunition, an offence making them subject to military law under section 119(1)(h) of the UPDF Act. Supreme Court precedent confirms that civilians can be tried by the General Court Martial for such offences. The detainees are under trial, and some witnesses have testified, making section 190(3) of the UPDF Act inapplicable. The applicant failed to prove that the continued detention was unlawful or unreasonable under the Human Rights Enforcement Act. Consequently, the application for release and…

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• Enforcement Of Human Rights
• Unlawful Detention
• Military Jurisdiction
• Bail Denial

Ssemujju v Attorney General (Consitutional Petition No. 4 of 2018)

Ssemujju v Attorney General (Consitutional Petition No. 4 of 2018) [2023] UGCC 5 (3 February 2023)

Court

Constitutional Court of Uganda

Case number

Consitutional Petition No. 4 of 2018

Judge

Monica K. Mugenyi, JCC, Kakuru, JCC, Cheborion, JCC, Obura, JCC, Musota, JCC

The majority of the Constitutional Court held that the issues raised in the petition were substantially settled in Hon. Michael Kabaziguruka v Attorney General, Constitutional Petition No. 45 of 2016. The General Court Martial's jurisdiction is limited to persons subject to military law and enforcement of military discipline. Section 119(1)(h) of the UPDF Act, which purports to subject civilians to trial by military courts for offences under the Penal Code Act, is unconstitutional as it contravenes Article 28(1) of the Constitution. The petitioner, being a civilian, is not subject to military…

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• Military Jurisdiction
• Fair Trial Rights
• Court Martial Constitutionality
• Civilian Trial By Military Court
• Judicial Power Under Constitution

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…

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

Attorney General v Kabaziguruka

Attorney General v Kabaziguruka (Constitutional Application 5 of 2021) [2021] UGSC 3 (5 August 2021)

Court

Supreme Court of Uganda

Case number

Constitutional Application 5 of 2021

Judge

Owiny-Dollo, CJ, Arach-Amoko, JSC, Opio-Aweri, JSC, Mwondha, JSC, Mike Chibita, JSC

The Supreme Court found that the application raised serious constitutional and legal issues regarding the constitutionality of sections 2, 179, and 119(1)(h) of the UPDF Act, which were declared inconsistent with Articles 28(1) and 44(c) of the Constitution by the Constitutional Court. The Court held that there was a prima facie case and a likelihood of success on appeal, as the issues had not been conclusively interpreted, particularly concerning Article 210 of the Constitution. The Court also determined that the applicant would suffer irreparable injury and the appeal would be rendered nuga…

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• Stay Of Execution
• Military Jurisdiction
• Right To Fair Hearing
• Constitutionality Of Statutes
• Court Martial Powers

Kishaija Steven v Attorney General (Misc.Cause No.15 Of 2010) (Misc.Cause No.15 of 2010)

Kishaija Steven v Attorney General (Misc.Cause No.15 Of 2010) (Misc.Cause No.15 of 2010) [2010] UGHC 22 (21 February 2010)

Court

High Court of Uganda

Case number

Misc.Cause No.15 of 2010

Judge

Musoke, J

The High Court granted habeas corpus and ordered Kishaija Steven’s immediate release, holding his remand by the General Court Martial and detention unlawful.

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

Col. (Rtd) Dr. Kiiza Besigye and 22 Others v Attorney General

Col. (Rtd) Dr. Kiiza Besigye and 22 Others v Attorney General (Constitutional Petition 12 of 2006) [2007] UGCC 9 (12 January 2007)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition 12 of 2006

Judge

Okello, JCC, Twinomujuni, JCC, Kitumba, JCC, Byamugisha, JCC, Kavuma, JCC

The majority of the Constitutional Court held that the continued detention of the 14 petitioners, who had been granted bail by the High Court, under the authority of the General Court Martial (GCM) was unlawful and contravened their constitutional rights to personal liberty, a fair trial, and judicial independence. The court found that the GCM's proceedings, under which the petitioners were detained, had been declared a nullity in a prior decision (Constitutional Petition No 18 of 2005), and that amending the charge sheet did not cure the fundamental defect, as the relevant offence was not de…

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• Right To Fair Trial
• Judicial Independence
• Personal Liberty
• Bail And Detention
• Military Jurisdiction
• Disclosure Of Evidence