Fate of civilians in military court to be decided by DPP, Kiryowa tells parliament

Lawyer Eron Kiiza thrown into the dock at the General Court Martial alongside his clients Dr Kizza Besigye and Hajj Obeid Lutale after his arrest in the courtroom on January 7, 2025. PHOTO | ABUBAKER LUBOWA
What you need to know:
- The attorney general revealed that he had advised the DPP to “liaise with the GCM and the UPDF to take over ongoing criminal trials in the military court that have been identified for transfer.”
The fate of civilians before the General Court Martial will be determined after the Directorate of Public Prosecutions (DPP) has guided on the course of action, Attorney General Kiryowa Kiwanuka told parliament on Tuesday.
Kiwanuka was providing an update on government steps taken to implement a landmark January 31 Supreme Court ruling that stopped the General Court Martial (GCM) from trying civilians.
Lawyers representing opposition strongman Dr Kizza Besigye and his co-accused aide Obeid Lutale in the military court have since asked government to release the due, detained since late 2024.
“…the recent ruling at the Supreme Court… many Ugandans would be interested, and their biggest issue is, what next and what are you doing about it as government?” Parliament Deputy Speaker Thomas Tayebwa observed.
Kiryowa responded saying that the “General Court Martial (GCM) in liaison with Prisons authority should provide a list of all pending criminal cases involving civilians for onward transmission to courts to determine the appropriate courts to handle the matter.”
The attorney general revealed that he had advised the DPP to “liaise with the GCM and the UPDF to take over ongoing criminal trials in the military court that have been identified for transfer.”
Additionally, Kiryowa reported to the House that the release of civilians under trial by the GCM will be effected after the DPP has processed their list and advised appropriately “to inform the next course of action.”
“The Uganda Prisons are advised to wait for the process above and orders of competent courts regarding any matters concerning detention of accused persons, hitherto facing trial in the military court,” Kiryowa told Parliament.
His remarks were castigated by Busiro East lawmaker Medard Ssegona who argued against the decision to have the DPP involved in the implementation of a Supreme Court ruling.
“On the issue of the DPP liaising with the GCM, what is the DPP’s business? The DPP is empowered under the law, to commence prosecutions against any person of her choice, provided there is evidence. The reverse isn’t true that the DPP goes around fishing for cases,” Ssegona said.
He added: “But this time around, they are telling the DPP to go around fishing for cases from the person that has been conducting business illegally.”
Leader of Opposition in Parliament (LoP) Joel Ssenyonyi said: “Nobody is meant to give any directive after the Supreme Court ruling. What the Attorney General seems to say is that now the Court Martial is going to start directing the DPP to say, we have these matters, you take them up. That is against the law.”
What the Constitution says: Article 128 of the Constitution of Uganda guarantees the independence of the Judiciary and states that the courts shall be independent in exercising their judicial power and not subject to control or direction from any person or authority. These provisions essentially protect the Judiciary from external interference in its decision-making processes.