The High court has dismissed the bail application filed by jailed lawyer Eron Kiiza.
On Monday, civil division judge Dr Douglas Singiza ruled against Kiiza’s application, stating that since he had already appealed to the Court Martial Appeals court, his case was improperly filed before the High court.
Kiiza was sentenced to nine months in prison for contempt of court on January 9, 2025, by the General Court Martial chaired by Brigadier Robert Freeman Mugabe —weeks before the Supreme court ruled against the trial of civilians in military courts.
At the time of his arrest, he had been representing Dr Kizza Besigye and Obeid Lutale Kamulegeya in the General Court Martial in a case that has since been upgraded to treason.
Both Lutale and Besigye remain in custody on new charges. Singiza emphasized that the High court had limited jurisdiction in the matter and that Kiiza had not followed the correct legal procedure for seeking release.
He noted that a habeas corpus application was not the appropriate approach and suggested that a judicial review might have been more successful. He said that the applicant chose an incorrect procedure and dismissed it with no order regarding costs.
Last week, a team of lawyers led by constitutional law expert Peter Mukidi Walubiri argued for Kiiza’s unconditional release. Walubiri contended that Kiiza had been convicted by a court that the Supreme court had ruled lacked jurisdiction due to its composition and appointment procedures.
Walubiri further asserted that the Supreme court’s decision nullifying proceedings before the General Court Martial had retrospective effects. He argued that criminal trials from the military court should be transferred to regular criminal courts, as seen in the case of Dr Besigye and Obeid Lutale, who were recharged in civilian courts.
However, he acknowledged that retrospective application of the Supreme court’s ruling only applied to cases still under challenge. Judge Singiza asked Walubiri whether the matter should have been filed with the civil division of the High court. Walubiri responded that Uganda’s court divisions exist for administrative convenience and that the High court, regardless of location, has general jurisdiction.
He revealed that they initially attempted to file the case with the criminal division registry, but the registrar sought to dismiss it. The judge suggested that filing for revision might have been a more effective approach.
In response, the Attorney General, represented by senior state attorney Johnson Natuhwera, defended Kiiza’s conviction, arguing that the General Court Martial operates under the Constitution of Uganda. Natuhwera pointed out that the Supreme court had provided advisory guidance on handling military court cases but had not abolished the Court Martial.
He explained that Kiiza was sentenced under Section 169(i)(g) of the UPDF Act, which prescribes up to five years for contempt of court by an advocate. He emphasized that the Court Martial had been lenient by sentencing Kiiza to only nine months.
Natuhwera further clarified that the Supreme court had upheld Kiiza’s sentence, and although he could continue challenging his conviction, he was not entitled to release during the ongoing appeal. He stressed that any transfer of Kiiza’s case should have been filed with the criminal division of the High court, not the civil division.
Additionally, the Attorney General argued that Kiiza had wrongly sued him, as the matter arose from criminal proceedings, which do not fall under the Attorney General’s jurisdiction.
Who is surprised of the nazi judge.
he is the one who was in the mpuuga thing, while court were in working he gave gave a ruling
The more they give these awkward misguided out of place rulings the more they expose their allegiance to the dictator and betrayal to their profession
In other words, on the one side is Justice Singiza and GCM. And on the other side is Eron Kiiza of this country. Who is the Greater or Lesser Evil/Harm to the people of Uganda and/or the Law?