President Museveni. PHOTO/ FILE
President Museveni yesterday signed into law the controversial Uganda People’s Defence Forces (UPDF) Act, 2025, to resume charging civilians in military courts.
On May 20, 2025, Parliament passed the UPDF (Amendment) Bill, 2025, granting military courts sweeping powers to try civilians under “exceptional circumstances” like possession of military weapons or aiding soldiers in serious crimes.
The new law introduces a structured military court system — Unit, Division, and General Court Martial — with legally qualified chairs and provides appeal routes up to the civilian Court of Appeal.
It also defines “exceptional circumstances” to include illegal possession of military equipment, uniforms, ammunition, or accompanying troops on missions.
Despite criticism from the public and Opposition leaders who argued that the law targets specific individuals and was not brought in good faith, President Museveni waved off the pleas and signed it, making it law.
LoP Joel Ssenyonyi lead opposition MPs to march out plenary in protest over "rushed handling" of the Uganda Peoples’ Defence Forces (UPDF) Amendment Bill and the Political Parties and Organisations (Amendment) Bill on May 21, 2025. Photo | lbrahim Kavuma
Whereas some Bills passed by Parliament spend months and years before the President signs them, this particular one spent only 26 days.
Opposition leaders said its processing was hurried but expected.
The law comes into force with an unknown number of civilians stuck in the army court, with their fate uncertain.
The public has been left wondering whether those previously in the army court before the Supreme Court declared such trials null and void would be charged afresh under the new law or whether their old cases will continue.
Attorney General Kiryowa Kiwanuka said now that the President has assented to the Act, they are going to gazette it.
But Peter Walubiri, a senior advocate and legal consultant, said the military courts that previously tried civilians were declared illegal.
He said if a person was already in court martial, the only way forward is to charge them afresh under the new law.
“Of course, with the new law, the members of the new court martial will change as well as the paperwork and other things. So one can’t roll over from the old case to the new one. If they are not remorseful, they should press new charges under the new law,” Mr Walubiri said.
Another senior constitutional lawyer, Mr Caleb Alaka, said it would be illegal and unlawful to charge civilians who were in the army court before the UPDF Act became law.
He said the government does not have a right to press fresh charges as well.
“For the civilians who were charged in the army court before the UPDF Act, 2025, became law, my expectation is that the Supreme Court ordered that their files should be transferred to the civilian court.
They cannot be charged with a law which did not exist before they were charged.
Chief Justice Alphonse Owiny-Dollo (C) speaks during a Supreme Court session to deliver a landmark ruling on the trial of civilians in military courts in Kampala on January 31, 2025. PHOTO/ABUBAKER LUBOWA
The old law was declared unconstitutional; hence it will be unlawful and illegal to bring them and charge them under the new law,” Mr Alaka said.
He added: “The law is in contempt of the Constitution because it alters the decision of the Supreme Court. Now that it has become law, it sets room for lovers of constitutionalism to run to court.”
Both Attorney General Kiryowa Kiwanuka and government spokesperson Dr Chris Baryomunsi, who also doubles as the ICT minister, did not pick up calls for their comment.
Tough articles in new law
The Act, among other amendments, inserted Clause 117A into the UPDF Act, 2005, to include other persons subject to military law under exceptional circumstances.
Among these is a person found with one of the 38 equipment or 26 ammunition, which are the monopoly of the Defence Forces prescribed in Schedule 7A and 7B of the Act.
A person found with this equipment and ammunition outside the country shall also be tried under the law.
Another category includes persons who possess, sell, or wear a uniform of the Defence Forces without permission.
Any person found aiding, abetting, or conspiring with another using the military equipment to commit murder, aggravated robbery, kidnap with intent to murder, treason, misprision of treason, and cattle rustling will be tried in military courts.
Veteran opposition politician, Dr Kizza Besigye (R), his aide Obeid Lutale (C) and UPDF captain Denis Oola (L) in the Nakawa Chief Magistrate’s Court dock on March 7, 2025. PHOTO/ABUBAKER LUBOWA
Civilians who commit the offence while accompanying Defence Forces during missions, even as low-ranking privates, will also fall under the Act.
The Act eliminates the term “military court” and substitutes it with Unit Court Martial (UCM), Division Court Martial (DCM), and General Court Martial (GCM).
These courts will handle all cases, and whoever is not satisfied with UCM or DCM rulings can appeal to the GCM, and ultimately to the civilian Court of Appeal.
In line with the Chief Justice’s ruling, the new law provides that the chairperson of the UCM should hold a Bachelor of Laws degree and a postgraduate diploma in legal practice.
They will be appointed by the High Command from a list approved by the High Command in consultation with the Judicial Service Commission.
The head of the DCM must be an advocate of the High Court, while the GCM must be headed by someone qualified to be appointed a High Court judge and not below the rank of Brigadier General.
New law faces challenge
The Uganda Law Society (ULS) yesterday announced plans to challenge the constitutionality of the UPDF Act, 2025.
Mr Anthony Asiimwe, the ULS Vice President, said in a statement that this decision is consistent with the ULS’s longstanding commitment to demilitarisation and the protection of human rights, separation of powers, and judicial independence.
He cited Constitutional Petition 18 of 2005 and reaffirmed ULS’s historical opposition to the militarisation of civilian institutions.
ULS denounced any law that undermines the rule of law and constitutional governance.
Through its High-Profile Case Unit, led by the Office of the ULS President, the Society vowed to advocate for the rights of detainees affected by the Kabaziguruka Supreme Court decision, which nullified the military trial of civilians.
“We will continue to advocate the rights of detainees affected by the Kabaziguruka Supreme Court decision on the prospective annulment of military court actions,” the statement read.
Despite acknowledging funding constraints and lack of government transparency, ULS said it was exploring alternative funding to ensure access to justice for those previously tried in military courts.
The ULS also called on the public to “remain vigilant” and reassured citizens of its unwavering dedication to defending rights and promoting constitutionalism.
Leader of the Opposition in Parliament, Mr Joel Ssenyonyi, said it was unfortunate that the President signed the new law and asked Ugandans to brace themselves.
“It was not unexpected for him to sign because it was his Bill and he was expected to sign it,” Mr Ssenyonyi said.
He said just like they tried to put up a spirited fight before the Bill was passed by Parliament, they are now awaiting the gazetted version and will take the matter to the Constitutional Court.
“As soon as we get the gazetted law, we shall take it to the Constitutional Court and we hope it will fight for itself. They said no civilian should be tried in army courts, but the law has been passed. We hope they treat this as contempt of court,” Mr Ssenyonyi said.
He said the law runs counter to Article 92 of the Constitution, which prohibits Parliament from passing any law that alters the decision or judgment of any court.
Opposition MPs also contend that there was not enough stakeholder consultation before the Bill was passed.
Background
On January 31, in what was described as a landmark ruling in the Michael Kabaziguruka vs Attorney General case, a panel of seven Supreme Court judges led by Chief Justice Alfonse Owiny-Dollo unanimously banned military courts from trying civilians.
The judges asserted that these courts don’t exhibit “independence and fairness” since they derive their powers from the High Command.
Sanya Muhuydin Kakooza who was seen donning the ruling NRM party T-shirt reacts before he's bundled onto a waiting military truck to Luzira prison after he and 15 other NUP supporters who have been on remand for over four years pleaded guilty to unlawful possession of explosives at the army court on October 14, 2024. Photo/ Abubaker Lubowa
The Constitution, which is the supreme law of the land, demands a fair and impartial trial for every citizen.
The Chief Justice advised the Executive and Parliament to amend the Constitution and make certain changes if GCM and other military courts are to try civilians.
He said the amendments should also provide in the UPDF Act for the High Court to sit as a Court Martial to try criminal capital offences and unique military crimes that carry life or death sentences.
