KAMPALA, Uganda — The government is set to present a bill in Parliament today to amend the Uganda People’s Defence Forces (UPDF) Act, aiming to reform the military justice system and streamline command structures.
The proposed UPDF Amendment Bill 2025, obtained by this website includes provisions to address Supreme Court recommendations regarding the trial of civilians in military courts and to restructure courts martial and clarify their jurisdiction.
According to Parliament’s order paper, Minister of Defence and Veteran Affairs Jacob Oboth-Oboth will present the bill for its first reading.
If passed, the legislation would subject civilians found unlawfully possessing firearms or military equipment to military law and trial by court martial. This would specifically apply to civilians caught with arms, ammunition, or equipment typically restricted to the defense forces. The bill also targets civilians who aid or abet military personnel in serious offenses like murder, aggravated robbery, kidnap with intent to murder, treason, or misprision of treason.
Unauthorized possession, sale, or wearing of UPDF uniforms by civilians would also fall under military law. Individuals committing such offenses would be treated as militants with the rank of private, unless a commanding officer grants a higher equivalent military rank through a revocable certificate.
For former military personnel, the bill stipulates they will be tried under the rank they held upon discharge. The legislation also lists 40 types of arms and 26 types of ammunition classified as exclusive to the UPDF.
The bill proposes a significant overhaul of the military court system. The General Court Martial would now be chaired by someone qualified to be a High Court judge and holding a military rank of at least major general. Current law only requires the chairperson to be at least a colonel without specifying judicial qualifications.
The General Court Martial would also include two senior military officers who are advocates of the High Court and two additional civilian advocates of the same court. All members would be appointed by the High Command, in consultation with the Judicial Service Commission, and serve three-year renewable terms.
Individuals dissatisfied with court martial decisions would have the right to appeal to the Court of Appeal. Death sentences imposed by the General Court Martial would require confirmation by the Supreme Court before execution. The bill states that a death sentence will not be carried out until the appeal period expires or any appeal is determined or abandoned.
Regarding the independence of military courts, the bill asserts that “the members of the court martial shall in the performance of their judicial functions be independent and impartial and shall not be subject to command.” Military court personnel who commit offenses under the Act or other laws would also be under the military court system’s jurisdiction.
The bill proposes establishing unit court martials for each military unit, chaired by an officer with a law degree, a postgraduate diploma in legal practice, and a rank of at least captain. These courts would include the administrative officer, political commissar, regiment sergeant major, one junior officer, and one private, all appointed in consultation with the Judicial Service Commission, and would handle offenses punishable by a maximum of five years.
A separate Division Court Martial, chaired by a lieutenant colonel or higher who is also a High Court advocate, would have the power to try offenses excluding those punishable by death.
The bill also seeks the formal establishment of the High Command, the Special Forces Command, and the Joint Military Command. The High Command would include the President (as chairperson), the defense minister, ministers of state, the permanent secretary, service commanders, and individuals who were High Command members on Jan. 26, 1986, provided they haven’t been convicted of a crime, renounced Ugandan citizenship, or joined partisan politics.
A new position of Deputy Chief of Defence Forces and Inspector General of Defence Forces is also proposed to oversee the Special Forces Command, with their pay and allowances determined by the High Command.
In a move to improve soldier welfare, the bill proposes monthly disability compensation (ranging from 150,000 to 1.5 million shillings), helper’s allowance (75,000 to 750,000 shillings), and an additional pension or gratuity equivalent to the disability compensation upon retirement for officers disabled due to military service. A Medical Board, chaired by the Chief of Joint Staff and composed of seven departmental representatives, would assess the medical condition of affected officers.
The new law would also grant retired officers pension and gratuity for 15 years, unless dismissed with disgrace, in which case they forfeit all benefits. If an officer dies within seven years of retirement, their legal representative can claim additional pension. For missing officers, a three-year search would be required before a formal inquiry into their disappearance is launched.
The proposed amendments follow a Jan. 31 Supreme Court ruling, led by Chief Justice Alfonse Owiny-Dollo, which stated that while military courts are part of the judiciary, their jurisdiction over civilians and criminal cases involving soldiers is limited. The ruling stemmed from a petition by former Nakawa Member of Parliament Michael Kabaziguruka challenging his treason trial in the General Court Martial. The Supreme Court subsequently ordered a halt to all pending criminal cases against civilians and soldiers in military courts, with files to be transferred to civilian courts.
Following this, the files of former Forum for Democratic Change president Kizza Besigye and his aide Haji Obeid Lutale, who were charged with treason and misprision of treason alongside UPDF officer Capt. Denis Oola, were moved from the General Court Martial to a civilian court.
Defense Minister Jacob Oboth-Oboth said the 2005 UPDF Act is outdated and the reforms are crucial to align the law with current realities and court rulings. He stated that the amendments aim to streamline the defense forces’ structure, ensure autonomy in pension management, establish healthcare services for military personnel, create a medical board, and define service offenses, Court Martial, Military Court, and the Reserve Force.
