KAMPALA– The Supreme Court of Uganda has delivered a land mark judgement in which it has ruled that the General Court Martial has no jurisdiction to try Civilians.
In the ruling 6.1 the justices ruled that the General Court Martial and other tribunals with in the UPDF , were established to handle disciplinary related cases, but they instead went beyond their jurisdiction by trying civilians and hearing offences punishable by imprisonment and death sentence.
“”All trials in the General Court Martial, involving civilians, must immediately cease and be transferred to civil courts of law with competent jurisdiction,” ordered Chief Justice Alfonse Owiny Dollo.
In the lead judgement, Dollo noted that the UPDF Act doesn’t require officers appointed to GCM to have legal knowledge yet their main purpose is to handle legal related matters.
Dollo also pointed out that officers of the General Court martial lack job security as their colleagues in the Courts of Judicature something which may affect their decision making capacity in trying to please the appointing Authority.
Dollo ordered that all trials in the General Court Martial, involving civilians, must immediately cease and be transferred to civil courts of law with competent jurisdiction Court.
All the justices condemned the trial of civilians in Army court without clear guidelines which has led to illegal conviction and imprisonment of several individuals.
Detailed story to follow shortly.
