Overview:
On Wednesday this week, jailed opposition Politician Dr Kizza Besigye and his co-accused Obeid Lutale, who are facing treason Charges in the High Court, petitioned the Constitutional Court challenging some provisions under the newly enacted UPDF Act and the subsequent resumption of the General Court Martial to try civilians again.
The General Court Martial has resumed operations at Makindye in Kampala after more than a year of inactivity, following a Supreme Court decision barring the trial of civilians in military courts.
The military court, which had halted proceedings in compliance with the landmark judgment, is now back in session with a cause list for only two days in the week ending February 13, 2026. The resumption marks a significant development in the administration of military justice.
According to the cause list issued by the Registrar of the General Court Martial, several cases are lined up before different panels chaired by senior officers of the Uganda Peoples’ Defence Forces (UPDF).
On Thursday, proceedings before Brigadier General Richard Tukachungurwa (Head Panel 1) will feature plea taking in case UPDF/GCM/001/2026 involving eight accused persons. The charges include murder contrary to Sections 171 and 172 of the Penal Code Act, aggravated robbery contrary to Sections 266 and 267(2) of the Penal Code Act, and kidnap with intent to murder contrary to Section 226(1)(c) of the Penal Code Act.
Those listed in the case include Staff Sergeant Jotham Karamuzi (RA/162543) and several others identified as Mohammed Ali Mugabe, Daniel Nabasa, Paul Tasingika, Isaac Segawa, Tonny Kasule, Nassoni Ndyanabo Bwambale, and Ibrahim Sabiti.
On the same day, and Friday, February 13, additional cases will be heard before Colonel Fredrick Kangwamu (Head Panel 2). The matters largely involve offences under the UPDF Act, Cap 330, including Absence Without Leave (AWOL) under Section 148(2)(a) and (b).
The accused in these cases include Private Okello Douglas (RA/295602), Private Rasulu (RA/296867), Private Khaukha Bernard (RA/285615), Private Barigye Samson (RA/293279), and Major Habyarimaana (RO/12378), who faces charges related to failure to brief and unauthorized use of a vehicle under relevant provisions of the UPDF Act.
Further plea taking sessions are scheduled for Friday before Colonel Asha Patra (Head Panel 3). The cases include charges of desertion under Section 146(1) and (2)(e) of the UPDF Act, 2005, and AWOL under Section 148(2)(e).
Among those to appear are Warrant Officer II Naluwooza Martha Juliet (RA/220637), Lance Corporal Opio Mildred (RA/238803), Private Asega Shakur (RA/296896), and Private Akim Silaj (RA/296884), who is also charged with escape from custody contrary to Section 166 of the UPDF Act.
All the matters listed for the week are scheduled for plea taking as prosecution cases.
The resumption of the General Court Martial follows months of legal and administrative adjustments after the Supreme Court ruled that civilians should not be tried in military courts, a decision that significantly affected the court’s operations.
The UPDF has not yet issued a formal statement on the full-scale reopening, but the publication of the cause list signals the court’s return to active duty.
The changes follow a January 31, 2025, Supreme Court ruling that rendered military courts inactive. In a landmark judgment led by Chief Justice Emeritus Alfonse Owiny-Dollo, the court ruled that civilians can no longer be tried in military courts, declaring the long-standing practice unconstitutional.
The Supreme Court held that military courts lacked the legal competence to try civilians, citing the absence of mandatory legal training for panel members, lack of security of tenure, inadequate facilities for defence preparation, and the absence of an independent appellate mechanism.
The court ordered all Court Martial proceedings involving civilians to cease and directed that pending cases be transferred to the Director of Public Prosecutions for handling in civilian courts. Following the ruling, Court Martial activities were suspended for several months.
In response, Attorney General Kiryowa Kiwanuka introduced amendments to the UPDF Act, which were approved by Parliament and later assented to by President Yoweri Museveni.
The changes reinstated civilian trials in military courts under a narrow exception permitted by the Supreme Court, where a civilian is jointly charged with a soldier who is deemed the principal offender. The court cautioned that this exception must not be abused to reintroduce widespread civilian trials through a legal loophole.
The constitutional challenge originated from a successful appeal by former MP Michael Kabaziguruka against the Attorney General, after his treason trial before the Court Martial was declared a nullity.
Under the amended law, particularly the requirement that the General Court Martial be composed of officers trained in judicial law, military personnel who commit offences, as well as civilians who aid soldiers in committing crimes or unlawfully possess government stores, may now be tried under military law.
On Wednesday this week, jailed opposition Politician Dr Kizza Besigye and his co-accused Obeid Lutale, who are facing treason Charges in the High Court, petitioned the Constitutional Court challenging some provisions under the newly enacted UPDF Act and the subsequent resumption of the General Court Martial to try civilians again.
So many suspects have been in military detention without trial for more than 48 hours and are possible candidates for the Court Martial since they are soldiers and therefore persons subject to military law.
For instance, Maj. Gen. James Birungi, the former Commandant of Defence Intelligence and Security (DIS), formerly known as Chieftaincy of Military Intelligence (CMI), is clocking nearly nine months in detention without trial.
Maj. Gen. Birungi was arrested in mid-2025 on allegations of orchestrating fake terror bombings in Kampala, incidents in which two women were killed. Before his arrest, the Commander of Defence Forces, Muhoozi Kainerugaba, had ordered the arrest of Maj. Gen. Birungi’s close aides, including Colonel Peter Ahimbisibwe, then Director of Counterterrorism at CMI, and Lieutenant Colonel Ephraim Byaruhanga, who headed Special Operations.
The Uganda People’s Defence Forces (UPDF) also arrested ten junior officers and two civilians for their alleged involvement in staging fake terror incidents in Munyonyo and Kalerwe. Investigations were later expanded to cover bomb incidents in Bunamwaya, Nateete, and Komamboga.
In a separate case, Colonel Patrick Semakula was arrested over allegations of receiving 300,000 US dollars to share UPDF intelligence with a foreign country interested in military operations in the Democratic Republic of Congo.
All these haven’t yet been charged in any Court.
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