The Chief of Defence Forces Gen Muhoozi Kainerugaba has described as unacceptable a decision by the Supreme Court regarding trying civilians in military court martial.
Last week, the Supreme Court halted all ongoing criminal trials of civilians in the Court Martial and ordered that the files be transferred to civilian courts for the Director of Public Prosecutions (DPP) to take charge.
The same court, led by Chief Justice Alfonse Owiny-Dollo, also ordered that all military officers not facing disciplinary-related charges should be tried in civilian courts.
Now, while speaking at the commemoration of Tarehe Sita celebrations on Thursday, Kainerugaba said that the decision and subsequent orders threaten the country’s security.
“Last week, we were shocked to a judgement from the Supreme Court that, in effect, halts all trials conducted by military courts. Without going into details, we will discuss this in the High Command, but this development is very unfortunate and quite unacceptable,” said Gen Kainerugaba, who is also President Yoweri Museveni’s son.
“It could lead to a national security crisis, threatening the effective command, control, and administration of the defence forces,” he added.
Gen. Kainerugaba would then implore the President to intervene and “address this matter as soon as you can.”
He assured that the Uganda People’s Defense Forces (UPDF) will not abandon or compromise the UPDF historical mission under any circumstances and that they are currently working with the Ministry of Defence and the Attorney General to see that the necessary amendments are made to address the mandate of the military court martial.
The ruling came at a time when several opposition supporters and politicians, including Dr. Kizza-Besigye are on trial in military courts on various charges, which include, among others, treachery and treason.
This week, Winnie Byanyima, the wife of Dr. Kizza Besigye, has petitioned the High Criminal Division of the High Court, seeking the immediate and unconditional release of her husband and his co-accused, Hajji Obeid Lutaale.
In the application filed on Wednesday, Byanyima is seeking orders requiring the Attorney General and the Commissioner of Prisons—the only listed respondents—to produce Besigye and Lutaale before the court.
According to the petition, Besigye and Lutaale were abducted from Nairobi, Kenya, on November 16, 2024, and unlawfully transferred to Uganda, where they were reportedly tortured and detained incommunicado at Makindye Military Barracks. Court records indicate that the two were later arraigned before the General Court Martial and charged with treachery and unlawful possession of firearms.
However, lawyers led by Lukwago & Company Advocates argue that the Supreme Court’s January 31, 2025, decision, which declared the trial of civilians before the General Court Martial unconstitutional, renders their continued detention illegal.
Despite this ruling, Besigye and Lutaale remain detained without a valid remand warrant, which, according to their lawyers, violates their right to personal liberty.
Proscovia Kunihira, one of the applicants’ lawyers, has also sworn an affidavit supporting the application. She argues that the continued detention of Besigye and Lutaale is a clear violation of their constitutional rights.
“The continued illegal detention of the applicants is further infringement upon their rights to personal liberty, among other rights, under the 1995 Constitution. The ends of justice demand that this application be granted,” Kunihira stated.
She further contends that the government and prison authorities, through their agents, are detaining Besigye and Lutaale illegally.