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Uganda’s Supreme Court has ordered an immediate halt to the trial of civilians in military courts, declaring that all such cases must be transferred to ordinary courts with proper jurisdiction.
The decision, delivered by Chief Justice Alfonse Owiny-Dollo on behalf of a seven-judge panel, is seen as a significant step in protecting the rights of civilians and ensuring fair trials.
“All ongoing trials involving civilians in the court martial must immediately cease and be transferred to ordinary courts of law,” Justice Owiny-Dollo stated in the ruling.
The court clarified that while military courts including the General Court Martial and divisional military tribunals are legally established, their jurisdiction is strictly limited to offences related to the discipline of members of the Uganda People’s Defence Forces (UPDF). The justices argued that military courts lack the independence and impartiality required for a fair trial, as they are composed of serving army officers who take orders from their superiors and often do not have legal expertise.
This decision comes in the wake of the high-profile case of opposition leader Dr. Kizza Besigye and his aide, Obeid Lutale. The two were arrested in Nairobi, Kenya, in November 2024 and later brought before the General Court Martial in Kampala. They refused to take a plea, arguing that military courts had no authority to prosecute civilians—a position now upheld by the Supreme Court.
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For years, human rights activists and opposition figures have criticized the Ugandan government for using military courts to silence political opponents and activists. The Supreme Court’s ruling is expected to have far-reaching implications for the country’s legal system, setting a precedent that strengthens civilian oversight of judicial matters.
Legal experts say this judgment reinforces the constitutional principle that civilians should be tried by civilian courts, which are better equipped to uphold fundamental rights and due process. The focus now shifts to how quickly the Ugandan judiciary will implement this ruling and whether it will lead to broader legal reforms.
With this decision, Uganda takes a step toward greater judicial independence, ensuring that civilians accused of crimes receive fair trials under the country’s legal system rather than facing military justice. The ruling is being hailed as a victory for the rule of law and a critical safeguard for human rights in Uganda.
