The Independent Uganda: You get the Truth we Pay the Price
KAMPALA, UGANDA | THE INDEPENDENT | Human rights lawyer Steven Kalali has petitioned the East African Court of Justice (EACJ) to challenge the nine-month jail term imposed on fellow lawyer Eron Kiiza by the Uganda People’s Defense Forces-UPDF General Court Martial. Kiiza was summarily sentenced for contempt of court on January 7, 2025, following a controversial arrest.
According to Kalali’s petition, filed at the Kampala Sub-Registry on Monday, Kiiza was barred from representing his clients, including opposition leader Dr. Kizza Besigye, during a court session. A confrontation ensued, and Kiiza was arrested on the orders of Brigadier General Freeman Robert Mugabe, the Court Martial’s chairperson.
Kalali contends that Kiiza’s arrest and sentencing violated his rights as a lawyer and undermined his client’s right to legal representation. He argues that Kiiza was denied a fair hearing, as no charges were prepared, read out, or defended before his conviction and sentencing.
The petition cites Uganda’s breach of the East African Community (EAC) Treaty, specifically Articles 6(d), 7(2), and 8(1)(a)(c), which mandate member states to uphold human rights, democratic principles, and the rule of law. Kalali’s evidence states that the court session was disrupted due to the incident, delaying proceedings for Besigye and other accused individuals.
The Court Martial later resumed and adjourned the main case to January 13, 2025, but convened separately to convict Kiiza for contempt and sentence him to nine months in Kitalya Government Prison. Kalali’s petition reads:
“Before reading the court’s finding and sentence for Mr. Kiiza, no charges were prepared or read out to him, nor was he allowed to defend himself. The sentence was imposed without any trial proceedings.” The lawyer asserts that the General Court Martial acted as both complainant and judge, disregarding Kiiza’s non-derogable right to a fair hearing, thus violating democratic principles and the rule of law.
Kalali seeks the EACJ’s declaration that Uganda violated its treaty obligations and acted unlawfully in sentencing Kiiza. He demands that the sentence be nullified and that the court issue a permanent injunction to prevent similar violations.
The petition also highlights broader concerns about Uganda’s rule of law and human rights record, particularly the treatment of lawyers and opposition figures. The Attorney General of Uganda, named as the sole respondent, has 45 days to file a defense.
This is the second case arising from Kizza Besigye’s court proceedings to be filed at the EACJ. In December 2024, Besigye and human rights defenders Andrew Karamagi, Godwin Toko, and Anthony Odur petitioned the EACJ against the Kenyan and Ugandan governments.
The petition challenges the abduction of Besigye and Hajj Obeid Lutaale in Kenya on November 16, 2024, and their subsequent trial in Uganda’s Court Martial on treachery and illegal possession of firearms. The petitioners argue that the abduction and trial violated international law, regional treaties, and fundamental human rights principles.
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