Uganda Case Law

Bazibu v Attorney General and 2 Others

Bazibu v Attorney General and 2 Others (Miscellaneous Cause No. 110 of 2021) [2022] UGHCCD 38 (24 January 2022)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Cause No. 110 of 2021

Judge

Musa Ssekaana, J

The applicant, though a civilian, became subject to military law by virtue of Section 119(1)(h)(i) of the UPDF Act, having been found in unlawful possession of ammunition ordinarily a monopoly of the Defence Forces. The General Court Martial therefore had jurisdiction to try him. However, the law requires that civilians charged before military courts be remanded in civil prisons, not military facilities. The applicant's transfer from Kitalya Civilian Prison to Makindye Military Barracks was contrary to Regulation 5 of the Uganda Peoples' Defence Forces (Application to Civilians) Regulations a…

Source excerpt

• Military Jurisdiction Over Civilians
• Unlawful Detention
• Remand Procedure
• Human Rights Enforcement

Kitata v Director of Public Prosecutions & Another

Kitata v Director of Public Prosecutions & Another (MISCELLANEOUS CAUSE NO. 125 OF 2018) [2019] UGHCCD 251 (30 May 2019)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS CAUSE NO. 125 OF 2018

Judge

Mugambe, J

The High Court upheld most of the applicant’s challenge to court martial proceedings, but found his military detention beyond 48 hours unlawful.

• Military Jurisdiction Over Civilians
• Trial Of Civilians In Court Martial
• Unlawful Detention
• Constitutional Rights Enforcement
• Powers Of Dpp
• Statutory Interpretation

Namugerwa Hadijah v Director of Public Prosecutions and Attorney General

Namugerwa Hadijah v Director of Public Prosecutions and Attorney General (Civil Appeal No. 10 of 2012) [2012] UGCA 60 (14 June 2012)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 10 of 2012

Judge

Mpagi-Bahigeine, DCJ, Nshimye, JA, Arach -Amoko, JA/JCC

The Court of Appeal upheld the dismissal of habeas corpus and held that the General Court Martial had jurisdiction over a civilian charged under section 119 of the UPDF Act.

• Military Jurisdiction Over Civilians
• Habeas Corpus
• Unlawful Possession Of Firearms
• Statutory Interpretation
• Military-jurisdiction-over-civilians
• Habeas-corpus