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26 Feb 2020

Criminal Law [2020] UGCA 53

Nasasira Grace & Ors v Uganda

Nasasira Grace & Ors v Uganda (Criminal Appeal No. 250 of 2017) [2020] UGCA 53 (26 February 2020)

Court: Court of Appeal of Uganda
Case number: Criminal Appeal No. 250 of 2017
Judge: Owiny-Dollo, JA

The Court of Appeal held that the General Court Martial lacked jurisdiction to try the appellants for the offences charged, as some were not subject to military law and the offences fell outside the scope of service offences under the UPDF Act. The composition of the General Court Martial was irregular, changing four times without maintaining the members at the coram, and the final coram lacked a non-commissioned officer as required by law. These procedural irregularities violated the appellants' constitutional right to a fair hearing under Article 28 and Article 44(c). The convictions and se…

Source excerpt

Court Martial Jurisdiction
Fair Hearing Rights
Military Law Procedure
Constitution Article 28
Service Offences
Composition Of Court

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19 Jun 2013

Constitutional Law [2013] UGSC 20

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…