The Independent Uganda: You get the Truth we Pay the Price
Kampala, Uganda | THE INDEPENDENT | All is set for the Supreme Court to deliver the long-awaited judgement in the case that will guide the military courts on whether they should continue trying civilians or not.
By the time our reporters arrived at the Supreme Court, the parking at the premises was vacated with no vehicle there. The Supreme Court Registrar Mary Babirye is in the building making sure that all goes well. She was heard talking to some of the Judiciary officials “Today is a test day for us. The whole eyes are on us today.”
Babirye and her team of technical officers inspected the microphones to make sure that they were all working well. Inside the courtroom, almost every table for lawyers has been equipped with a View Sonic Computer such that in case they are obstructed from watching physical proceedings, they can follow online.
The Judiciary has also prepared three big Court Halls including Court Room One on the First Floor of the Supreme Court and Court Room Three on the Third floor of the seven-storeyed building so that those who will be unable to fit in the Second Floor where the Judgement will be read will sit and watch proceedings on big screens.
📌 Zoom Link for the Judgement of Constitutional Appeal No.02 of 2021📌
The Supreme Court invites you to a Zoom webinar!
*When:* January 31, 2025 09:30 AM
*Topic:* Judgment of Constitutional Appeal No. 02 of 2021Join from PC, Mac, iPad, or Android:https://t.co/yktLK8hDz8…
— Judiciary Uganda (@JudiciaryUG) January 30, 2025
At the entrance of the gate, counter-terrorism police officers were busy clearing the media who were accredited to cover the case.
Major Edgar Musasizi UPDF’s Director of Civil Affairs and Col Raphael Mugisha the Director of Prosecutions and lead Prosecutor in the General Court Martial were in the Court ready to receive the judgement. The interests of the UPDF are catered for in the appeal which was filed by the Attorney General.
Caleb Alaka the lawyer for former MP for Nakawa Division Michael Kabaziguruka whose petition in the Constitutional Court led to the appeal that is going to be decided is already in court. Other than Alaka and Company Advocates, Kabaziguruka is also represented by lawyers from Lukwago and Company Advocates and Rwakafuuzi and Company Advocates.
Other people, in court so far include; rule of law defender Lawyer Male Mabirizi and Gorge Kalemeera, the officer in charge of civil litigation in the Office of the Attorney General.The judgement comes following public outcry demanding the decision after many civilians continue to be tried by the General Court Martial. In 2021 the Supreme Court issued a stay of execution of the Constitutional Court decision that had outlawed trying civilians in military courts.
This gave the military courts time to continue trying civilians. The most recent case victim of this stay of execution is Dr Kizza Besigye and Haj Obeid Lutale Kamulegeya who were picked from the neighbouring Kenya and arraigned before the General Court Martial charged with treachery among other offences. Their lawyers led by former Justice Minister of Kenya Martha Karua and Erias Lukwago protested the trial saying the Court Martial had no jurisdiction to try the offenses reportedly committed from outside Uganda and above all, doesn’t have the power to try civilians. However, both the Court Martial Chaired by Brigadier Robert Freeman Mugabe and Besigye’s lawyers believed that the Supreme Court decision in the Kabaziguruka Case would settle everything.
The opposition believes that President Yoweri Kaguta Museveni continues to use military courts only to suppress his political opponents. Three times now, the Constitutional Court has ruled that military courts were not created to try civilians but rather to serve members of the UPDF.
In the lower court, two judges ruled that the Court Martial has the power to try civilians if they abet a serving member of the UPDF. Now, all eyes are on how the court is going to rule on this particular section of the UPDF Act. If it rules as the Constitutional Court ruled, then Dr Kizza Besigye and Lutale will continue being charged in the military court. This is because a serving UPDF officer was added to their file.
The five judges of the Supreme Court who are going to make the decision include; Chief Justice Alphonse Owiny-Dollo, Faith Mwondah, Percy Night Tuhaise, Mike Chibita, Monica Mugenyi, Elizabeth Musoke and Catherine Bamugemereire.
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