Eron Kiiza’s arrest exposes Uganda’s judicial paralysis

The arrest of Eron Kiiza, a steadfast human rights lawyer, and his sentencing to nine months in Kitalya Prison by the General Court Martial on Tuesday, January 7, 2025, have thrust Uganda's justice system into the spotlight. Kiiza’s crime? Contempt of court—a charge arising from his confrontation with military officers during court proceedings. Yet the implications of his arrest ripple far beyond the confines of the courtroom.

“This arrest reflects a deeper crisis in Uganda’s legal system: the increasing weaponisation of the judiciary to stifle dissent and silence voices that challenge the status quo. Kiiza’s ordeal, which involved manhandling within the courtroom and detainment without formal charges, highlights glaring violations of Article 28(1) of the Ugandan Constitution. This provision guarantees every individual the right to a fair hearing before an independent and impartial tribunal.

The words of the late Justice Benedicto Kiwanuka, Uganda's first Chief Justice, resonate powerfully today: “Justice is the glue that holds society together.” Kiwanuka himself became a martyr for judicial independence, a principle that now appears under siege, and has been for quite a long time.The plight of civilians tried in military courts underscores the legal ambiguity perpetuating these injustices. 

Uganda’s Constitutional Court ruled in AG v Kabaziguruka that military courts lack jurisdiction over civilians. However, the Supreme Court has delayed its decision on the Attorney General’s appeal, leaving a vacuum where constitutional clarity should prevail.

“The delay in justice,” observed former Chief Justice Bart Katureebe, “is justice denied.” Civilians continue to face military trials, an egregious breach of constitutional protections and a grave threat to public trust in the judiciary.

The arrest of Kiiza mirrors a broader context of lawlessness: journalists detained without trial, opposition figures harassed, and activists silenced. Uganda risks normalising these breaches and has done so, transforming its legal framework into a facade for authoritarian control.The judiciary must be the last bastion of hope for the oppressed. However, as cases like Kiiza’s illustrate, the courts can become arenas where the powerful flex their might rather than uphold the law. The Supreme Court’s inaction on Kabaziguruka emboldens military courts to overreach their authority. 

Meanwhile, advocates like Kiiza are punished for their courage in defending constitutionalism.International law is clear on such matters. The African Charter on Human and Peoples’ Rights, to which Uganda is a signatory, stipulates that military courts should never try civilians when ordinary courts are functional. By ignoring these principles, Uganda isolates itself from the community of nations that respect the rule of law.Eron Kiiza’s arrest should serve as a wake-up call for Uganda to reclaim its judicial integrity. 

First, the Supreme Court must expedite its decision on the Kabaziguruka appeal to provide clear guidance on military jurisdiction over civilians. Second, Uganda’s Parliament must strengthen judicial independence and accountability. Third, civil society must amplify its advocacy for protecting lawyers, journalists, and all citizens whose rights are at risk.

The lawyer and former UN Secretary General Dag Hammarskjöld once said, “Freedom from fear is the surest foundation of justice.” If Uganda fails to address the systemic cracks in its justice system, the fear gripping advocates like Eron Kiiza will only grow, leaving the foundations of democracy dangerously weakened.Justice is not a luxury; it is the lifeblood of democracy. 

Eron Kiiza’s arrest is not just a challenge to one man but to every Ugandan who believes in equality before the law. As a nation, we must stand firm in demanding that our legal system protects, rather than persecutes, those who seek to uphold the rule of law. Let this moment be remembered not as a symbol of Uganda’s judicial decline, but as a turning point. 

The writer, Joel Gadafi is a third-year law student at the Islamic University in Uganda, Arua