The Attorney General (AG) Kiryowa Kiwanuka has updated Parliament on the measures being taken to implement the Supreme Court ruling of last week Friday January 31st 2025 regarding the trial of civilians in Military Courts. 

He said that the AG Chambers have already issued a directive to different concerned entities for guidance and implementation.

Among the directives is; the military court to provide a list of all cases involving civilians, instructed the heads of the General Court Martial to stop trying civilians in military courts, the Director of Public Prosecution, Jane Frances Abodo to coordinate with the Court Martial to transfer the relevant cases to civilian courts among others.

Kiwanuka also informed Parliament that he has written to the Chief Justice Alfonse Owiny-Dollo to seek guidance on implementing the Supreme Court’s order. 

Additionally, the Ministry of Defense has been instructed to start implementing the Supreme Court’s orders as per last Friday’s ruling.

It should be recalled that last Friday the Supreme Court put to rest the debate on whether civilians can be tried in military courts.

In an almost unanimous decision, the seven judges of the Supreme Court with a little variance ruled that military courts are not vested with the competency to try civilians.

Chief Justice Alfonse Owinyi-Dollo held that Court Martial judges do not have any requirement of having legal training and equated it to sending a person to the theatre to operate a patient when that person doesn’t have the requisite qualifications to do an operation. 

The seven justices who delivered the monumental ruling were led by the Chief Justice Owiny-Dollo, Elizabeth Musoke, Monica Mugenyi, Mike Chibita, Percy Tuhaise, Catherine Bamugemereire and the now retired Faith Mwondha.

By Francis Lubega

4 February 2025

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