Maj Gen James Birungi’s release remains unlikely due to the current absence of the General Court Martial, the Daily Star has learned.
The former Chief of Military Intelligence was arrested last week and is currently being held at Makindye Military Police Prison.
His arrest follows investigations by a high-level Board of Inquiry led by Deputy Chief of Defence Forces, Lt Gen Sam Okiding. The board was mandated to probe alleged lapses in intelligence operations and internal misconduct within the Uganda People’s Defence Forces (UPDF).
Sources within the military revealed that Birungi came under heightened scrutiny following the appointment of Maj Gen Richard Otto as the new Chief of Defence Intelligence earlier this year.
Upon assuming office, Maj Gen Otto reportedly launched a series of internal audits and operational reviews. These audits allegedly uncovered multiple irregularities tied to Birungi and several senior officers under his command.
Also detained in connection with the case are: Col Peter Ahimbisibwe, former Director of Counter-Terrorism and Lt Col Ephraim Byaruhanga, former Director of Special Operations.
The Daily Star has established that prospects for Maj Gen Birungi’s release are dim, primarily due to the dissolution of the General Court Martial earlier this year by the Supreme Court.
In a landmark ruling, Justice Catherine Bamugemereire declared the military court unconstitutional stating it lacked legal authority to try civilians and failed to uphold the principles of fairness and impartiality as required under Uganda’s Constitution.
Despite the Supreme Court’s decision, Parliament in May 2025 passed the UPDF (Amendment) Act, re-establishing the General Court Martial and allowing it to try civilians under certain conditions.
However, the court has not yet been reconstituted, creating a judicial gap for military-related cases.
“Could I remind you that the Supreme Court dissolved the Court Martial? So, you know the effect, we are now even failing to administer justice within the institution,” said Maj Gen Felix Kulayigye, spokesperson for the UPDF, in an interview with the Daily Star.
“Maj Gen Birungi and the other officers awaiting trial will have to wait for the court to be reconstituted.”
Defense officials have ruled out the possibility of transferring the suspects to the civilian judicial system, citing the classified and sensitive nature of the accusations.
“These are military matters that cannot be handled in civilian courts. The nature of the charges requires trial under military law,” a senior UPDF legal officer said.
Until the General Court Martial is reinstated, Maj Gen Birungi and his co-accused are expected to remain in military detention without formal charges being read or trial proceedings commenced.
