Kampala, Uganda —The Attorney General Kiwanuka Kiryowa has issued a statement outlining the government’s response to the recent Supreme Court ruling of January 31, 2025, which has significant implications for criminal trials before the General Court Martial (GCM).
Speaking to the media on February 3, 2025, Kiryowa detailed the legal steps that will be taken following the court’s decision, the signed judgment of which was received on February 2, 2025.
Kiryowa confirmed that, in accordance with the ruling, all criminal trials before the GCM must cease immediately. This directive has been communicated to the relevant authorities for implementation.
The Attorney General’s office has advised several key actions to ensure the transfer of pending criminal cases, particularly those involving civilians, from the GCM to appropriate civilian courts.
The GCM, in coordination with the Uganda Prisons Authority, is directed to compile a comprehensive list of all criminal cases involving civilians for transfer to civilian courts. The GCM must also identify cases involving UPDF members that fall under the transfer category.
The Directorate of Public Prosecutions (DPP) will work closely with the GCM and the UPDF to assume prosecution of the transferred cases. The Uganda Prisons Authority is advised to await further instructions regarding the detention of individuals previously facing trial in military court.
“The Ministry of Defence and Veteran Affairs is also advised to immediately begin considering the Supreme Court’s recommendations, with the aim of introducing necessary amendments to the Uganda People’s Defence Forces (UPDF) Act,” Kiryowa stated.
Kiryowa also revealed that he has written to the Chief Justice, notifying him of the commencement of the implementation process and requesting guidance on the appropriate contact person within the DPP’s office to liaise with the GCM and other relevant entities.
Regarding timelines, Kiryowa clarified that the judgment itself does not specify timelines for these actions.
“The Court Martial cannot sit. Ssegona should have extracted a decree and used it where he sees fit,” Kiryowa said, adding that he had thoroughly reviewed the judgment.
The Attorney General concluded by reaffirming his commitment to ensuring the efficient and lawful implementation of the Supreme Court’s ruling.
