Update: Catherine Bamugemereire JSC rulling on Civilian trials under UPDF Tribunals!

By Anastasios Gordon Sekandi – updated at 14:05 EAT Friday 31 January 2025

Kampala – Justice Catherine Bamugemereire has, in her ruling, SUSPENDED all the proceedings ongoing in the General Court Martial after finding it inconsistent with the constitution. She has called for the amendment of the UPDF Act.
She recommends that the arraignment of any soldier who commits an offense on the Civilians should be arraigned in civil courts.

Agrees with the Constitutional Court on the restrictive nature of the jurisdiction of the CM. The jurisdiction of the CM is invoked where a disciplinary or military offence is committed.
Holds that the GCM as currently set up can’t accord a fair trial and its exercise of judicial powers over civilians is unconstitutional. The members of the CM are not independent.

Suspends all trials of civilians in the CM and orders sentences for those already convicted should be subjected to judicial review by civil courts, except those sentences which have been served.

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