Attorney General Kiryowa Kiwanuka has told Members of Parliament on the Legal and Parliamentary Affairs Committee and the Committee on Defence and Internal Affairs that the Supreme Court has never barred the trial of civilians in the Court Martial.
Kiwanuka made the remarks while appearing before the joint committee currently scrutinizing the Uganda People’s Defence Forces (UPDF) Amendment Bill, 2025.
The bill, tabled yesterday by Defence Minister Hon. Jacob Oboth Oboth, seeks to introduce new provisions governing the prosecution of civilians in military courts.
Among the proposed amendments, the bill would allow civilians found in possession of military equipment, or those accused of conspiring with military personnel to steal army property such as fuel or who violate military regulations, to be prosecuted before the Court Martial.
In his submission, the Attorney General emphasized that the Supreme Court did not prohibit the Court Martial from trying civilians outright.
Kiwanuka said the ruling simply found that the Court Martial lacked the proper legal framework for such trials. It did not, however, ban the practice.
However, Erute South MP Jonathan Odur contested the Attorney General’s interpretation.
Odur argued that the Supreme Court had explicitly directed that all cases involving civilians be transferred to civilian courts until the Court Martial is constitutionally regularized.
In addition to provisions concerning civilian trials, the UPDF Amendment Bill also seeks to expand the number of members serving on the UPDF High Command.
The bill remains under scrutiny as the joint committee continues its review before presenting recommendations to the full House.
By Francis Lubega
14th May 2025
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