Judiciary asked to decide on trial of civilians in military courts

The Legal and Parliamentary Affairs Committee has asked the Judiciary to make its final pronouncement on the trial of civilians in the Court-Martial, following different judgments made by both the Supreme and Constitutional courts over the same subject.

The call was made by West Budama North East MP, Fox Odoi while interfacing with officials from the Judiciary, who had appeared to present their views on the Law Revision (Miscellaneous Amendments) Bill, 2022.

He said currently, there are two conflicting court decisions on the trial of civilians in military courts and called for reconciliation by the Judiciary on the issue.

Odoi cited a ruling in December 2022, where the Constitutional Court ruled that it is illegal to try civilians in military courts. The judges, in a majority decision of 3-2 said under the 1995 Constitution, the trial of civilians is the role of civilian courts of judicature.

However, the Attorney General, Kiryowa Kiwanuka disagreed with this position arguing that the trial of civilians in military courts will continue because the Supreme Court case of Namugerwa Hadijah Vs Attorney General and the DPP, Supreme Court Civil Appeal of 2012 determined it.

Written by Prossy Kisakye