One of Dr Kizza Besigye’s lawyers, Eron Kiiza, has been handed a 9-month jail sentence by the General Court Martial for contempt of court.
Kiiza was representing Besigye and Obeid Lutaale Kamulegeya in the army court in a case involving illegal possession of firearms. The military court chaired by Brig Robert Freeman Mugabe didn’t allow Kiiza to defend himself, nor were the charges read to him as he was sentenced within two minutes after being brought into the dock at around EAT 15:28hrs.
He was not allowed any time for mitigation. In his ruling, Mugabe stated that Kiiza had confronted and assaulted court order, and despite being warned against banging on metal surfaces and shouting, he did not heed the advice. Kiiza is to serve the sentence at Kitalya Government Prison.
After the ruling, lawyers; Erias Lukwago and Fredrick Mpanga attempted to appeal to court, stating that even if someone is guilty of contempt, they should be given a right to be heard and granted a fair hearing. They requested a formal ruling so that they could appeal the decision. The Court Martial, however, stated that it was functus officio – its hands were tied, and it could not reverse its decision.
Kiiza, looking composed in a blue suit, was escorted back to the holding cells, awaiting transfer to Kitalya to begin serving his nine-month sentence. Lawyers have over the years faced difficulties representing clients in the General Court Martial.
In 2004, lawyers; Erias Lukwago and Caleb Alaka were convicted of contempt of court by the late Lt Gen Elly Tumwine in the treason case against Dr Kizza Besigye. They were fined Shs 1,000 or two weeks in prison, but both paid the fine.
In 2018, city lawyer Jimmy Muyanja, who was the lead lawyer in the case against Boda Boda 2010 Association patron, Abdullah Kitatta, was indefinitely suspended from the ever appearing before the army court. The then-Court Martial chairperson, Lt Gen Andrew Gutti, dismissed Muyanja for misconduct after he banged the table while making his submission. Gutti ordered that Muyanja never return to the Court Martial under his leadership.
Kiiza is not the only person to have been convicted of contempt of court at the General Court Martial. Muhydin Kakooza, a supporter of the National Unity Platform (NUP), was sentenced to nine months in prison for contempt of court under Gutti’s leadership. Like Kiiza, Kakooza was never allowed to defend himself.
What country are leaving in? What a shame
What funny country are we leaving in? I give up.
Fellow Ugandans, there you have it! We’re under a militant rule! M7 and his militants captured power by means of the gun and violence not by democratic means which are guided by rule of law, thus governing by the gun, violence and militant courts which is the arbitrary exercise of power which is not subordinated to well-defined and established laws. Therefore, Besigye’s lawyers should draw the line and issue an ultimatum, Besigye and Lutaale Kamulegeya should not be tried in a militant court. Not ifs or buts about it. Then let M7 do as he wishes. Let us, as Ugandans, take it from there. This should be the opportunity to use “people power.”