Okumu v Attorney General (Misc. Cause No.163 of 2013)
Okumu v Attorney General (Misc. Cause No.163 of 2013) [2014] UGHCCD 89 (3 July 2014)
The court held that all applicants are in lawful custody as the General Court Martial has jurisdiction to try civilians found in possession of firearms or ammunition, pursuant to Section 119 of the UPDF Act. The whereabouts of the applicants are known, and they are detained in gazetted centers. Habeas corpus is not available in these circumstances as the applicants have not demonstrated unlawful detention. The constitutionality of the proceedings under the UPDF Act cannot be determined by this court and must be referred to the Constitutional Court. Therefore, the applications for habeas corpu…
Source excerpt
- Habeas Corpus
- Jurisdiction Of General Court Martial
- Unlawful Detention
- Possession Of Firearms
- Rights Of Civilians
- Application Of Updf Act