CIVILIANS CAN'T BE TRIED IN THE COURT MARTIAL



In a landmark ruling delivered today, January 31, 2025, the Supreme Court of Uganda upheld the unconstitutionality of trying civilians in military courts. Justice Monica Mugenyi emphasized that the General Court Martial (GCM) does not meet the constitutional requirements of an independent and impartial court as mandated by Article 28(1) of the Constitution. She stated, "The General Court Martial is not an independent and impartial court and is inconsistent with the Constitution." 

This decision stems from the case involving former Nakawa MP Michael Kabaziguruka, who had been charged with offenses related to national security and was set to be tried by the military court. The Attorney General had appealed a 2021 Constitutional Court ruling that declared the trial of civilians in military courts unconstitutional. Today's Supreme Court judgment reinforces that position, affirming that military courts lack the jurisdiction to try civilians. 

The ruling has significant implications for the Ugandan legal system, particularly concerning the jurisdiction of military courts over civilians. It underscores the necessity for all courts to adhere strictly to constitutional mandates, ensuring the right to a fair trial and maintaining judicial independence and impartiality.




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