High Court Rules that Kabaziguruka must be tried by the General Court Martial

High Court Judge Patricia Wasswa Basaza has ruled that the Nakawa Municipality MP Micheal Kabaziguruka is subject to military law and therefore he should be tried by the General Court Martial for offences relating to security and treachery.

The judge based her ruling on Section 119 of the UPDF Act which gives unlimited jurisdiction and powers to the Army Court to try civilians such as Kabaziguruka.

According to the judge, unless this section is repealed or invalidated by the Constitutional Court, it makes civilian suspects subject to military law for allegedly aiding serving UPDF officers to commit offences.

Justice Basaza has also dismissed Kabaziguruka’s claims that the Court Martial lacks impartiality to accord him justice saying the MP petitioned a wrong court which has no powers to address such a grievance.

She instead reasoned that Kabazigurka who has been on remand at Kigo Prison since June this year should have petitioned the Constitutional Court.

Kabaziguruka is jointly charged before the General Court Martial with 20 UPDF officers for allegedly contriving a plot to infiltrate defense forces and compromise it’s security to overthrow the government of Uganda by use of firearms .

The offences were allegedly committed between February and June this year in districts of Kampala,Wakiso and Luweero.

 

Written by David Kugonza