Overview:
The government proposes that civilians may once again be subjected to military courts in what it describes as "limited circumstances," as referenced in the lead judgment by chief justice Alfonse Owiny-Dollo. The bill amends section 117 of the UPDF Act by listing individuals, other than members of the defence forces, who can be subjected to military law.
The minister of Defence and Veterans’ Affairs, Jacob Oboth Oboth has introduced to parliament the UPDF Amendment Bill aimed at, among other things, reintroducing trial of civilians in military courts.
According to Oboth, the 144-page bill was, in part, influenced by the Supreme court decision of January 31, 2025, which annulled several sections of the UPDF Act that permitted the prosecution of civilians in military courts.
“The bill seeks to implement the Supreme court decision in Constitutional Appeal No. 2 of 2021—Attorney General vs Hon. Michael A. Kabaziguruka by restructuring and re-establishing the courts martial in the defence forces and prescribing their jurisdiction. The bill provides for the membership and qualifications of the chairpersons of the courts martial and their independence, and the appeal process. It further stipulates the exceptional circumstances under which civilians may be tried by military courts,” Oboth told parliament.
The proposed bill has since been referred by speaker Anita Annet Among to both the defence and internal affairs committee and the legal and parliamentary affairs committee.
The government proposes that civilians may once again be subjected to military courts in what it describes as “limited circumstances,” as referenced in the lead judgment by chief justice Alfonse Owiny-Dollo.
The bill amends section 117 of the UPDF Act by listing individuals, other than members of the defence forces, who can be subjected to military law. These include persons who voluntarily accompany a unit of the defence forces in active service, or those found in unlawful possession of arms, ammunition, or equipment ordinarily restricted to the military.
It also includes those who aid or abet a member of the defence forces in committing, or conspiring to commit, serious offences such as murder, aggravated robbery, kidnapping with intent to murder, treason, misprision of treason, or cattle rustling.
Additionally, a person who is found without authority in possession of, or selling or wearing, a defence forces uniform, or who is found in unlawful possession of military equipment or classified stores, may also be tried in a military court.
However, these so-called “limited circumstances” closely mirror the very charges under which civilians have previously been tried before courts martial, charges that the Supreme court judgment ruled as unconstitutional.
While the stated intent of the bill is to implement the Supreme court’s ruling, a closer comparison between the bill and the judgment reveals significant contradictions.
The crux of the Kabaziguruka case was whether civilians could be tried in military courts. Kabaziguruka argued that military courts lack the constitutional competence to try civilians.
The Supreme court nearly unanimously agreed, citing several concerns: the composition of military courts, the qualifications of their members, the absence of secure tenure, and the lack of structural independence.
The court concluded that these deficiencies render military courts incapable of conducting fair and impartial trials, not just for civilians but even for military personnel. In his lead judgment, Owiny-Dollo observed: “With regard to the military, as can be seen from their structure, rules, and procedures, conducting trials of civilians generally does not fit within their mandate.”
He warned that allowing civilian trials in military courts, regardless of the alleged crime or association with military personnel, deprives such civilians of rights afforded to them in civilian courts.
“Extending the jurisdiction of military courts to cover civilians in a blanket manner, whether they are alleged accomplices or found in possession of military stores, is unacceptable. This would amount to an unfettered limitation on the enjoyment of rights and freedoms enshrined in Article 43 of the Constitution,” Owiny-Dollo stated.
He added: “The general rule is that ordinary courts alone have jurisdiction to try civilians. I am unable to find any rational or justifiable link between the need to maintain discipline in the army or secure Ugandan borders and the trial of civilians in military tribunals.”
In instances where a civilian is found to have breached military regulations in collaboration with a person triable by a court martial, Owiny-Dollo emphasized that both should be tried in civilian courts.
He also dismissed the argument often advanced by President Museveni and others that military courts are faster at dispensing justice: “This argument is not sound… The state also has a duty to strengthen ordinary courts and thus empower them to function at an optimal capacity.”
How bill aligns with court recommendations
Despite the contradictions, parts of the UPDF Amendment Bill respond to the Supreme court’s recommendations.
Owiny-Dollo clarified: “Courts martial are not unconstitutional merely by their military nature.” “There is a need for robust legislative intervention to ensure the UPDF Act is in accord with the cherished aspirations of the people of Uganda, as was unmistakably captured in the Odoki Commission report. The executive must generate policy, and parliament must enact legislation that addresses and cures the injustice occasioned by the unconstitutional provisions of the UPDF Act.”
The proposed bill addresses some of these concerns by introducing minimum legal qualifications for chairpersons of the military courts. The Unit and Division Court Martial chairpersons must hold a Bachelor of Laws and a Postgraduate Diploma in Legal Practice.
The General Court Martial chairperson must have qualifications equivalent to those of a High court judge, and its panel members must be advocates of the High court. All appointments will be made by the High Command on a three-year renewable term, based on recommendations from the Judicial Service Commission.
Currently, court martial members do not require legal qualifications, and the Judicial Service Commission plays no role in their appointments. The bill also introduces a right of appeal. It permits appeals from the General Court Martial to the Civil Court of Appeal.
Sentences of death passed by the General Court Martial must be confirmed by the Supreme court. To enhance judicial independence, the bill requires court martial members to take a judicial oath akin to that taken by judges of the judiciary.
It states: “The members of the courts martial shall, in the performance of their judicial functions, be independent and impartial and shall not be subject to command.”
In other words, since our 84-years-old “Problem of Africa”, Gen Tibuhaburwa and his wayward son Gen Muhoozi are hellbent on the trial (terror) of civilians in the Gen Court; who in his/her right state of mind can still deny that: since its evolution from NRA the UPDF was/is a concealed Anti People Defense Force (APDF)?
E.g. who did not see the APDF during the 2021 General Election? And who did not the APDF during the recent Kawempe North Bi-election?
And who did not see and hear the top Commander (CDF) of brag and gloat about the abduction, the physical and psychological torture and illegal confinement of Eddy Mutwe and others in the basement of his residence ungazetted (illegal) place?
Lakwena, in other words this militant Amendment Bill will further expose our completely useless opposition in parliament. It’s just a rubber stamp on each and every oppressive bill that come before it. I hate to be a prophet, however, I predicted that M7 would bring back the militant bill and it’ll pass. Our LoP, Senyonyi, is going to do what NUP knows best. That’s put up an entertainment show of jumping on top of the tables as if they’re opposing it, yet they [opposition] clearly know that it’s a done deal, just like the bogus and violent elections.
These’re the substantive questions, ” E.g. who did not see the APDF during the 2021 General Election? And who did not see the APDF during the recent Kawempe North Bi-election? And who did not see and hear the top Commander (CDF) brag and gloat about the abduction, the physical and psychological torture and illegal confinement of Eddy Mutwe and others in the basement of his residence ungazetted (illegal) place?”
Lakwena, not only that, but who doesn’t know that over 3,000 NUP and/or opposition supporters who were illegally detained and tries by the militant courts are still rotting in torture chambers?
Sooner than later, the Parliament of Uganda will be a representative of the Uganda Army with a military President that does not need national elections. Does not need a biased judiciary, that does not respect marshal law. Unfortunately the peoples parliament is facing its undoing like the time of Idi Amin. President Idi
Amin grabbed power from the half civilian half military government of self styled politician, Dr Obote, sent off the judiciary home, locked up Parliament and quickly formed a military dictatorship to govern this African country. He could see no use for a half baked UPC majority parliament and a UPC prejudiced judiciary of that time!
Interesting how people end up crying when the wicked rule.
So, Ugandans are supposed to pay huge salaries and benefits to a few gun-toting individuals so that these individuals turn terror on society and then society thanks them for their heinous acts? Really?
Apart from bragging in public about their heinous acts, these gun-toting individuals, who always hold lawful courts in contempt, now want to make it legal by hiding under some dubious laws as a license to sin? Really? You see how anarchy gains license in broad day light?
Not surprisingly though, they end up biting the bitter end of it before sanity returns to society. This is not a threat, but wisdom to those who have ears to heat.
I wonder how long it will take Uganda to return to sanity at this rate 🤔
Concerned J, unfortunately not so soon. Uganda won’t return to sanity while we have an opposition which is led by Kyagulanyi and NUP who’re only interested in making money. M7 completely transformed politics in Uganda as a money making machine. Whoever wants to make money, he/she joins politics.
Uganda also needs you to participate. Do not expect Kyagulanyi to do it on your behalf. Have you seen thousands in yellow tea Tshirts dying for him and Muhoozi and the likes of Mwenda and Gashumba and then you go after Bobi?
Above all the greedy moronic NRM ?Ps who have the numbers and pass any stupid bill without using their brains or conscience for money
Mae, I don’t need Kyagulanyi to do anything on my behalf. Kyagulanyi is in politics to make money. M7 played on our minds that he went to the bush to bring change. Kyagulanyi also joined politics to make money and played on our minds that he is in it to bring change through bogus and violent elections. Kyagulanyi is lying that there’s democracy and rule of law in Uganda, yet he clearly knows that he can’t win bogus and violent elections. In four years since Kyagualanyi contested in the 2021 bogus and violent elections, M7 has kidnapped, tortured and killed more innocent people than in any other bogus and violent elections put together. Countless innocent people are missing and over 3,000 are rotting in torture chambers because of bogus and violent elections. M7 is the worst president Uganda has ever had. Before, Amin was worse. He never organised bogus and violent elections. So, I don’t need Kyagulanyi to do anything on my behalf because he is in it to make money not to bring change or win bogus and violent elections.
Then why don’t you do it for us. You seem to know exactly what to do. We are all doing what we are doing for money. Bobi could do with some advice from you.
and while at it, please give it all your best.
Mae, you bet. Certainly, I’ll give it my best. In fact I always do it right here. Currently the issue before us is the reintroduced militant bill to continue trying civilians in militant courts.
Only in Uganda! Where else do you find such democracy and rule of law?
These’re Kyagulanyi’s words, “people power, our power.” Kyagulanyi introduced the People Power, Our Power movement in 2017. This was when he announced his candidacy for the Kyadondo East seat in Parliament, and has used it throughout his political career. So, in the 2021 bogus and violent elections, Kyagulanyi revealed his objective of becoming the leading opposition figure. Kyagulanyi clearly knew that he couldn’t win bogus and violent elections. So, he came out swinging at Besigye and said, “Don’t talk about democracy and stand for four times and on the fifth time you tell people democracy doesn’t work. We believe it works. On that point, I will assert that democracy actually works and anybody who despises democracy is despising the people of Uganda.” That is what Kyagulanyi said about democracy in Uganda, and further promised us that he’d show us that democracy works.
Fellow Ugandans, do we have democracy and/or does it work in Uganda? Based on Kyagulanyi, there’s democracy and by extension, the rule of law as well.
However, ever since Kyagulanyi assured us that there’s democracy that works, things have gone from worse to the worst.
Kabayekka stated, “Sooner than later, the Parliament of Uganda will be a representative of the Uganda Army with a military President that does not need national elections.” In my view, we’re already there. We’re under a militant rule. That’s why the militant Amendment Bill has been reintroduced to keep trying of civilians in militant courts.
That is democracy at work which Kyagulanyi promised us and asserted that it works!
In other words Concerned J, the organized criminal gangsters who criminally captured political power 39 years ago, and whom we house, feed, transport, educated their children, pay utilities and medical bills, salary and all the biggenderakko, urinate on us and want us to thank them for the warm shower.
E.g., of recent didn’t Gen Muhoozi make an X post caution the Chairperson Human Rights Commission not to take for granted the life she still has, and therefore should stop writing to him STUPID LETTERS?
In other words, MK backed by his diabolic and old father now has in his hands the power of life and death over Ugandans.
Lakwena, it’s not only the Human Rights Commissioner who ought to be grateful for the hardcore organized criminals who captured out state in 1986 by means of the gun, robbery and violence, but we all must appreciate that we sleep [twebaka ku tuulo], while they’re looting our country naked by the same means.
Bear in mind that M7 paid our so MPs Sh. 100m each to pass that militant amendment bill! Forgive me for asking, are our MPs representing us or the militants?
Our parliament has passed each and every bill that M7 has brought before it in order to show us that we’re under a militant rule for life. Term limits bill, age limits bill, the recent coffee bill, any and other oppressive bills which have been passed against our will.
Then Kyagulanyi is urging us to keep going to bogus and violent election, mbu because “people power, our power!”
Remase / Lakwena, do you realize that a certain section of the “APDF” that was starting to be idling sitting around and growing wanton against their masters ate now about to swim in extra cash? You see, they’re going to build more military prisons, hire more dungeons a.k.a safe houses to abuse citizens in, have even more far-reaching surveillance on citizens, have all these extra classified budgets and then more are going to gain rank and even some benefit from “uplifting education” and all the allowances that come with it. These guys have losts focus of what they’re mandated to do! A clear sign of incompetence!
Meanwhile, a formal sin license will give a false sense of importance and status to the zealous masters who are growing increasingly paranoid about being recognized and feared/revered in public like you’ve already pointed out. One guy literally wants to create a cult out his daddy’s image, language, & certain colors … ending up in a North Korea style of sorts.
I can smell something else too though that some sane Ugandans are starting to disobey orders to turn the citizens into military abuse targets and as a result are either moved around to less important posts or some even given like early retirement. That’s great news in that at some stage there will be a spark.
Oh my God! Is this part of the 10 points programme?
Before his downfall, Louis XIV ignored all the signs of his implosion. it is the same as Museveni. he keeps mute when his son arrogantly thinks he is the supreme in Uganda. time will come when all becomes sane. nothing lasts forever a part from your good deeds to people.
During the presentation of the UPDF Bill, the speaker, in an attempt to contain the noise in the house, singled out Hon Nambooze, warning her that parliament is not a market. The irony is not lost on the public, who regard this parliament as a marketplace where money changes hands to transact sensitive business.
Sudah Namulondo, although Speaker, Among admonished Hon Nambooze that “parliament is not a market”, BUT the truth and irony is that: including the atmosphere especially at the Entrances and Exits, since the 2005 amendment and removal of the Presidential Term Limit; the Uganda Parliament is as ugly and revolting as the current state of downtown Nakasero and Owino (St Balikuddembe) Markets.
It is a morally and ethically “filthy parliamentary market” where in 2005 MP’s began to sell themselves and mothers, at Shs.5m price. Moreover a predetermined and fixed price by the buyer, our “Problem of Africa”, Gen Tibuhaburwa.
In other words, most of the MPs in that parliament, are not different from the batembeyi (petty hawkers) who bargain to as low as “ompamekka” (how much have you got)?
Shame! it is ironic that the Anita Among, her Deputy Thomas Tayeebwan, Beatrice Anywar, Lillian Aber (arach) and other FDC members of this country, sold themselves, souls and mothers to Gen Tibuhaburwa sic NRM; and left behind Dr. Kiiza Besigye to be abducted, humiliated and persecuted by Mr. M7 and son Muhoozi.
It is bewildering!
While the Anita Among & Co. of this country are crafting, machining and weaponizing a Bill (trying civilians in the General Court Martial); since November2024, Dr. Besigye and his friend, Haj Kamulegeya are languishing and rotting away behind bars.
In other words, if passed, that Bill would see Dr. Besigye and others will as soon as possible either hanged at dawn in Luzira Prison, or hooded in a black bag and obliterated in a hail of firing squad bullets at the Independence Ground in Kololo, overseen by Gen Kainerugaba Muhoozi.
What a country since Amin’s 1971!
Lakwena, thanks.
At 84 years of age & knowing Uganda is his family business, Rwandese Museveni, like all inhuman dictators, believes he will live for ever. Yet, he’ll also die one day. Then what will powerless tribally divided Ugandans with no plan to live without him do, just go along with the son waiting to replace the fathet?
kabayekka, understood, but,
Things will get worse unless Ugandans say NO to the tribalistic system & UNITE with just ONE of them as National/Common Leader, to block Rwandese Museveni! Then & only then, will Ugandans put in place the kind of governance they want without armed war!
Tribally divided ruled without Common Goal, just complaining, going for fake elections… just ensure Uganda belongs to Rwandese Museveni & his son will replace him!
Remase, thanks.
It’s clear that 40 years of Rwandese Museveni won’t be long enough for Ugandans to realise only them, in UNITY with just ONE National/Common Leader, will give themselves chance to change & govern as they wish!
Ugandans aren’t even aware that Kagame won’t let Museveni back home because they can’t share power & Rwandese not wanted by them want to own DRCongo!
Why will so called opposition leaders lead powerless tribally divided ruled Ugandans to next deadly election that Museveni has already won?
Concerned J, thanks.
Everything is in place to ensure Ugandans fight one another while Rwandese Museveni enjoys the show, will rule for life & leave thepsot to his son!
Why are Ugandans still powerless tribally divided & so so afraid to live without Museveni & are doing everything to ensure their enslavement to the evil family?
Ugandans should by now know that without UNITY, Museveni will rule with or without fake presidential election, so why go for the next to ensure he’s protected legally, constitutionally?
As it is, who will stop Museveni for Ugandans & replace him with who?
Marc Mae, understood, but,
Only Ugandans, in UNITY with just ONE Common/National Leader for Common Goal, will have the power to stop Museveni & those working for him!
Why go for next useless fake presidential election to ensure all this inhumanity in the Uganda that is Rwandese Museveni’s family business & those in posts work for him & not for the people?
Military court MUST be trimmed to try only military personnel who joined the military out of their own documented will, and only for disciplinary issues.
Else to our members of parliament, you are going to legalise oppression that you already see happen even without the law. And be sure, some of you will one day be trued under same law, stand warned.
Military court MUST be trimmed to try only military personnel who joined the military out of their own documented will, and only for disciplinary issues.
Else to our members of parliament, you are going to legalise oppression that you already see happen even without the law. And be sure, some of you will one day be trued under same law, stand warned.
Any sane person must ask himself why kwoyero and jamil mukulu are tried in civilian courts. Because of incompetence of military courts. So why regalise them as courts when you have more competent courts?
Akot you have good points indeed. This is an African legislature that needs to be taken to the international courts of law. This NRM so called majority parliament
is determined without considering the repercussions of constant brutal civil wars concerning the promotion of African dictatorship and African dynastic building on the continent of Africa. Presently, most African countries are suffering civil wars that are forcing many African people to run away from their countries and to immigrate to countries that have well developed democratic governance. These developed countries must be concerned indeed about how to manage this sort of immigrating refugee catastrophe! The suffering Uganda electorate mandate has been voting on a protest vote against NRM since when NRM made it illegitimate to form any political party in this country without the government ever listening to their voices. This self-styled dictator of Uganda does not like political parties that are not of his own making as the chairman at greater cost to this poor African country! His political party was forced to attend to a multiparty referendum to establish some sort of multiparty democracy in this country. His government has refused any electrol reforms to be introduced debated in his military Parliament. He successfully persecutes those that oppose his long serving government using his well paid brutal police and the national army. He arrests them torture them and kills them! Modern countries democratic as they may be, it is government responsibility to arrange democratic and peaceful free and fair national elections that are not violent, that are not rigged, that are free of Gerrymandering. Elections that are continuously not free and fair and filled up with inhuman behaviour(not civilized that is election gerrymandering) are not recognised all over the democratic world. Uganda is no exeption and is signotory to UN human rights instruments concerning national elections. The city lawyer Male Mabirizi most probably could try to light a torch into the national election turmoil these Uganda money greedy politicians are playing about with the ever suffering electorate of this poor African country of Uganda. Such national elections in Uganda, would not at all be legitimate internationally where AK45 is pointed directly at the innocent electorate! How can this long serving African government organise such biased and rigged national elections when it led a very brutal civil war on the well recognised international democratic principal of free and fair democratic elections. Genuine democratic elections are the peoples’ collective expression of sovereignty and an inalienable right of citizens. These precepts are recognized in national constitutions the world over and in international human rights instruments of the United Nations, regional intergovernmental organizations and other bodies. The Universal Declaration of Global Principles for non-partisan elections states clearly the international guide lines to follow in respect of universal human rights as elections are administered. This business of Besigye and Kyagulanyi playing the heroes over the crimes of NRM government in its miserable failure to organise international well recognised national elections now 40 years and counting is very unfortunate indeed! The African Kingdom state of Buganda is not going to continue to participate in such Uganda national elections which are not up to international standards. Rubongoya and Kyagulanyi with their nice NUP political party have still got a chance to go and campaign effortlessly in the rest of the rigions of Uganda for their ambitions to become the next government of Uganda under the new Uganda-NRM mighty Pan-African constitution!