Besigye’s petition won’t pre-empt today’s Supreme Court jugement, says lawyer
Left to right: Capt Dennis Oola, Mr Obeid Lutale, and Dr Kizza Besigye in the dock at the General Court Martial in Makindye, Kampala, on January 13, 2025. PHOTO / ABUBAKER LUBOWA
What you need to know:
- A key new issue not covered in the Kabaziguruka appeal, is whether the military court acted constitutionally by sentencing defence lawyer Eron Kiiza to nine months in prison without granting him a fair trial
Yesterday’s filing of a constitutional reference by remanded Opposition politician Kizza Besigye and his aide Hajj Obeid Lutale will not pre-empt today’s landmark judgement of the Supreme Court on the constitutionality of trying civilians in military courts, a lawyer has said.
Human Rights lawyer George Musis last evening explained that since the Michael Kabaziguruka judgment is mainly about the constitutionality of trying civilians in the military court, the Besigye reference raises much more constitutional issues that need interpretation.
“So whatever way tomorrow (today)’s judgment goes, it won’t affect Dr Besigye’s petition,” Mr Musisi said.
Some of the new constitutional issues that Dr Besigye introduces, include challenging the role of the Judge Advocate in the court martial; whom he accuses of lacking impartiality and independence to fairly advise the members of the General Court Martial.
A key new issue not covered in the Kabaziguruka appeal, is whether the military court acted constitutionally by sentencing defence lawyer Eron Kiiza to nine months in prison without granting him a fair trial.
The alleged abduction of Dr Besigye and his aide from Kenya’s capital Nairobi and the social media commentary by the Chief of Defence Forces, Gen Muhoozi Kainerugaba, of how Dr Besigye will soon be hanged are the other new issues that the Constitutional Court is supposed to pronounce itself on.
On whether Besigye’s petition will automatically halt proceedings before the General Court Martial, Musisi clarified that unless the Constitutional Court intervenes before Monday, the military court can continue with the trial.
However, should the Supreme Court rule that trying civilians in military courts is unconstitutional, Besigye’s case would collapse. On how long Dr Besigye’s constitutional reference can take to be heard by the Constitutional Court, counsel Musisi said some cases are quickly fixed and heard because of political interest and some take as long as seven years.
He gave an example of the Anti-Homo sexuality and age limit petitions that were heard and determined within a few months — others, like the Kabaziguruka petition, have taken years without resolution.
