The Independent Uganda: You get the Truth we Pay the Price
Kampala, Uganda | THE INDEPENDENT | A petition filed by former Bubulo West Member of Parliament Tonny Kipoi, to challenge the trial of civilians in the General Court Martial has been dismissed by the Constitutional Court.
Kipoi had run to the courts to challenge section 119 of the UPDF Act, which mandates the General Court Martial to subject to Military law, any person found in unlawful possession of arms, ammunition or equipment ordinarily being the monopoly of the Defence Forces, or other classified stores.
He filed the case in August 2018 following his trial in the Makindye based court on charges of treason. He had been arrested from Botswana and extradited to Uganda to face trial for allegedly mobilizing funds, recruiting teams, acquiring firearms and military training as part of a plot to overthrow the government of Uganda.
But he argued that the General Court Martial, which is appointed by the sitting president, as commander of the armed forces lacked the impartiality to try civilians or persons who are alleged to have committed political-related offences. He also challenged his detention in Makindye Military Barracks, a place which, according to him, is not gazetted to try civilians.
Kipoi added that his trial in the General Court Martial contradicted clauses in the constitution on the independence of the judiciary, and those that give the Director of Public Prosecutions, the mandate to institute criminal proceedings against any person or authority in a court with competent jurisdiction, other than the court martial.
However, a panel of five Constitutional Court Judges led by Kenneth Kakuru dismissed the petition on a technicality that his lawyer Major Ronald Iduuli had not yet renewed his Practicing Certificate for this year.
The matter of the certificate followed a contradiction between Maj Iduuli and the Attorney General’s representative Principal State Attorney Jeffrey Atwiine on circumstances under which Kipoi left prison. Although Iduuli says that Kipoi was granted bail, Atwiine tendered before the court a document dated April 12, 2019, indicating that Kipoi had been granted amnesty.
On the basis of the contradiction, the panel also comprising judges; Christopher Izama Madrama, Hellen Obura, Remy Kasule and Stephen Musota, enquired if indeed Kipoi had officially instructed Iduuli to represent him in court.
In his response, Major Iduuli told the court that his certificate had not been renewed in time due to COVID-19 effects, but nevertheless, had instructions to proceed with the matter in Kipoi’s absence. However, the judges ruled against him and dismissed the case.
Iduuli described the dismissal as absurd, adding that the judges would have dismissed him as a person and allow them seek the services of another lawyer from the law firm which Kipoi instructed to represent him.
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