A seven-judge bench led by Chief Justice Alfonse Owiny-Dollo has addressed the constitutional validity of military trials for civilians.

This follows the case of former Nakawa MP Michael Kabaziguruka, who successfully challenged his terrorism trial by a military court in 2022, prompting an appeal from the Attorney General to the Supreme Court.

Today, Justice Monica Mugenyi upheld the unconstitutionality of section 117(1)(h) of the Uganda People’s Defence Forces (UPDF) Act, which had permitted military courts to try civilians. This decision comes after a similar ruling by the Constitutional Court in 2022.

Justice Mugenyi stated that the General Court Martial (GCM) does not meet the constitutional requirements for independence and impartiality, as mandated by Article 28(1) of Uganda’s Constitution, which guarantees the right to a fair trial. She remarked, “The General Court Martial is not an independent and impartial court and is inconsistent with the Constitution.”

The ruling highlighted concerns regarding vague provisions in the UPDF Act, particularly the clause allowing civilians who assist military officers in committing crimes to be tried in military courts. Justice Mugenyi deemed this section void due to its lack of clarity, asserting that “service offenses are not at cross purposes with the objectives of the UPDF or the legislative mandate of Parliament.”

To enhance the impartiality of military courts, Justice Mugenyi proposed that members of the General Court Martial be appointed in consultation with the Judicial Service Commission. This would ensure that judges have the necessary legal expertise and are not unduly influenced by military interests, similar to the structure of industrial courts, which include civilian judges.

The Supreme Court’s ruling modifies previous judgments from the Constitutional Court, allowing for potential amendments to section 117(1)(h) of the UPDF Act to rectify identified issues. Justice Mugenyi also noted that the debate surrounding the trial of civilians in the GCM is ongoing, with further reforms needed to ensure constitutional compliance.

The Supreme Court’s decision, which allowed the Attorney General’s appeal while dismissing the cross-appeal, marks a pivotal moment in Uganda’s legal framework. It reinforces judicial fairness, particularly concerning military jurisdiction over civilians, and is expected to influence future military trial cases significantly.