KAMPALA: The Court of Appeal has suspended the conviction and sentences of two men who had been jailed for murder and aggravated robbery by the military court.
In a ruling delivered in Kampala on Monday, Justices; Geoffrey Kiryabwire, Ketra Katunguka and Cornelia Kakooza Sabiiti ordered that the case of Matia Kiiza Bukenya Matia and Jumba Derrick be retried by a civilian court.
The two had earlier been convicted by the General Court Martial for the 2018 robbery at a hardware shop in Masaka, during which two people were killed and a gun and cash stolen.
They were initially sentenced to 40 years in prison, but the Court of Appeal Court later reduced the sentence to 30 years.
However, in their second appeal, the defence argued that the military court had no jurisdiction to try civilians.
The Court of Appeal relied on the Supreme Court decision in the Attorney General vs Michael Kabaziguruka case, which declared the trial of civilians in military courts unconstitutional.
As a result, the Justices suspended the convictions and sentences and ordered that the case be reviewed or retried by a competent civilian court.
The two men will remain on remand as the case awaits fresh determination.
