The Supreme Court in Kampala has ruled that trial of civilians in the General Court Martial or any army court is unconstitutional.
Owing to a 2016 petition by then Nakawa Municipality MP Michael Kabaziguruka who was facing treachery charges, the Constitutional Court in a majority decision of 3:2 in 2021 held that it is unconstitutional for the army courts to try civilians since they are not part of the military.
“The Court-Martial is clearly not part of the judiciary. It is part of the executive arm of government established under chapter 12 of the Constitution which provides for the country’s defence and national security,” Justice Kenneth Kakuru(RIP) said.
Consequently, the Attorney General appealed against the ruling in the Supreme Court.
On Friday, in a majority 5 : 2 decision, the court ruled that trial of civilians in the army court is unconstitutional since they are not members of the armed forces.
He said the General Court Martial is a subordinate court with specialised jurisdiction.
“Whereas civilian court judges swear allegiance to the Constitution, army judges swear allegiance to their commander hence no guarantee of fair trial. The military must justify why civilian courts are inadequate to hear cases that carry the death penalty and life imprisonment,” he ruled.
The Chief Justice consequently directed that all ongoing criminal trials and pending ones involving civilians before the army court be transferred to ordinary courts of law.
