At least 423 cases are pending transfer to civil courts following a Supreme Court ruling that blocked the trial of civilians in the General Court Martial. The revelation was made by Norbert Mao, the Minister of Justice and Constitutional Affairs.
The landmark judgment arose from a constitutional appeal filed by former Nakawa Municipality MP Michael Kabaziguruka, who challenged the jurisdiction of military courts over civilians.
In her ruling, Justice Catherine Bamugemereire declared the Court Martial to be a military tribunal without constitutional authority to try civilians. She argued that its structure and procedures violate the principles of fairness and impartiality enshrined in Uganda’s Constitution. She further ruled that when soldiers commit offences against civilians, they should be prosecuted in civil courts, not military tribunals.
Justice Monica Mugenyi echoed these concerns, stating that the General Court Martial’s lack of independence and impartiality makes it inconsistent with constitutional standards. Chief Justice Owiny Dollo concurred, affirming that the military court system does not provide the necessary safeguards for a fair trial.
“I find that the military court system in Uganda lacks the independence and impartiality required under the Constitution to guarantee a fair trial. The respondent’s concerns about the General Court Martial’s objectivity were justified,” Chief Justice Owiny Dollo stated.
He further ruled that provisions granting subordinate military courts jurisdiction over capital offences violate Articles 129(1)(d) and 126(1) of the Constitution and are, therefore, unconstitutional.
The court also found Sections 2, 179, and 119(1)(h) and (g) of the UPDF Act unconstitutional, as they grant courts martial blanket jurisdiction over civilians. The judgment declared that extending the General Court Martial’s authority to try civilians for civil or non-disciplinary offences contravenes Articles 209 and 210 of the Constitution. Accordingly, the court ordered that all case files involving civilians be transferred to civil courts.
In February, the Attorney General directed the General Court Martial to liaise with the Uganda Prisons Service and compile a list of all criminal cases involving civilians currently before the Court Martial, for transmission to the appropriate civil courts.
Following this directive, the Uganda Prisons Service submitted a list of 423 cases involving prisoners remanded by the courts martial, as per a letter dated 6th February 2025 from the Attorney General.
“We are in receipt of information that the Office of the Director of Public Prosecutions (ODPP) has received 45 cases from the Ministry of Defence and Veteran Affairs,” Minister Mao said.
He added that the Ministry of Defence and Veteran Affairs is still in the process of preparing additional case files for submission to the ODPP and assured Parliament that an update will be provided in due course.
