The High Court in Kampala has dismissed an application by jailed lawyer Eron Kiiza, who sought release from prison following the Supreme Court’s decision barring the trial of civilians in military courts.
Kiiza’s lawyers, led by constitutional law expert Peter Walubiri, had sought his unconditional release, arguing that his trial was before a court lacking jurisdiction under the Supreme Court’s ruling. Walubiri contended that nullified military court proceedings should have retrospective effects, citing past cases such as Dr. Kizza Besigye and Obeid Lutale.
However, Senior State Attorney Johnson Natuhwera, representing the Attorney General, countered that the Court Martial remains operational under the Uganda People’s Defence Forces (UPDF) Act. Natuhwera stated that Kiiza’s conviction for contempt under Section 169(i)(g) of the UPDF Act was valid, with the Supreme Court offering only advisory guidance, not an abolition of military courts.
The State Attorney further argued that Kiiza’s appeal was ongoing, and his release was not warranted. He also noted that the Attorney General was wrongly sued, as the matter was criminal, not civil.
Presiding Judge Douglas Singiza ruled that Kiiza’s application was improperly filed before the Civil Division, as he had already appealed to the Court Martial Appeals Court. Singiza emphasized that the High Court’s jurisdiction was limited in this matter, and Kiiza had not followed the correct procedure for seeking his release from the Court Martial.
Ultimately, Kiiza’s application was dismissed with no order as to costs. Kiiza was convicted by the General Court Martial on January 9, 2025, while representing Dr. Kizza Besigye and Obeid Lutale Kamulegeya in a case that has since been upgraded to treason.
