Published on 05/02/2025
Attorney General Hon. Kiryowa Kiwanuka informed Parliament that the government has begun implementing Supreme Court orders on trying civilians in the General Court Martial.
Kiryowa Kiwanuka said that they have also sought the advice of the Chief Justice in regard to the person with whom the Director of Public Prosecution (DPP) should liaise for purposes of effecting the court orders.
On Friday, 31 January 2025, the Supreme Court delivered a judgement nullifying with immediate effect, prosecution of all civilians in the General Court Martial and military courts as unconstitutional.
Subsequently, on Tuesday, 04 February 2025 during the sitting of the House, Kiryowa Kiwanuka updated Members of Parliament (MPs), saying that his office has provided advice to enable implementation of the court orders.
“We advise that all pending criminal trials in the General Court Martial should cease forthwith,” he said.
The Attorney General added that the General Court Martial in liaison with the prisons authorities should provide a list of all criminal cases involving civilians pending before the said military courts to determine the appropriate courts to handle the matter.
“The General Court Martial should provide a list of all pending criminal cases involving Uganda People’s Defence Forces that are pending before the court martial that fall within the category of transfer for onward transmission to the courts for determination of the appropriate court to handle the matters,” added Kiryowa Kiwanuka.
He also revealed that the DPP is advised to liaise with the court martial and UPDF to take over the conduct of the ongoing criminal trials that have been identified for transfer.
“Uganda Prisons authorities are advised to await the process above and orders of competent courts regarding any matters concerning detention of accused persons, hitherto facing trial in the military courts,” Kiryowa Kiwanuka said.
The AG also advised the Ministry of Defence and Veteran Affairs to immediately commence considerations of the recommendation of the Supreme Court with a view of introducing appropriate amendments to the UPDF Act.
Hon. Medard Sseggona (NUP, Busiro County East) however, called for immediate release of the prisoners saying that their continued detention is illegal.
“The Attorney General knows very well that a person can only be held in prison on a valid warrant. The order of court which literally dismantled the orders of the court martial caused the warrants upon which these people were remanded to expire,” he said.
He also appealed to the AG to give timelines within which the court orders would be implemented.
“As long as they are doing their consultations, these people can be in prison and now on orders of the Attorney General. Where does the Attorney General get the power to continue an illegal remand? What has he done is to amend the orders of court?” said Sseggona.
The Leader of the Opposition, Hon. Joel Ssenyonyi said that whilst the AG has correctly advised the Executive, he is ill-advising the court martial.
“The Supreme Court says that all these matters under the court martial should cease immediately. The Court martial no longer has any authority over these people,” Ssenyonyi said.
Kiryowa Kiwanuka however, clarified that all inmates under trial in the court martial are now in the jurisdiction in the Courts of Judicature.
“Court said, ‘cease these matters and transfer’, that means that the Supreme Court transferred any matter to Courts of Judicature. I have rendered advice, the government has decided to comply with the court and will do that as have been given by the Supreme Court,” he said.
Hon. John Bosco Okiror (NRM, Usuk County) added that the court order to cease and transfer cases does not mean immediate release of inmates.
“The court did not say release; the court said cease and transfer, which is a process. We cannot castigate the AG for giving his view and the processes that are being undertaken,” said Okiror.
West Budama North East MP, Hon. Fox Odoi-Oywelowo appealed for understanding of the legal process saying that failure to follow it would cause chaos.
“He [AG] is only asking for time to implement the court order. We do not expect them to implement the order in a manner that will cause chaos. They will never be able to amend any order of the Supreme Court,” he said.
The Deputy Speaker, Thomas Tayebwa guided that whereas the Attorney General has given his advice, the matter has already been decided by the court.
“We are not making any resolution; I asked him [AG] to give an update. It is a matter that has already been ruled on by the court,” he said adding that, ‘we do not expect any other decision that is going to override the decision of the Supreme Court’.
The Supreme Court ruling was made in response to an appeal by the AG, challenging the 2021 decision of the Constitutional Court. The Constitutional Court had declared Sections 2, 119, and 179 of the Uganda People’s Defence Forces (UPDF) Act unconstitutional.
