Crime & Investigation

Court Martial: MP Kabaziguruka Must Face Military Trial

The suspects appearing at the military court on Tuesday (Photo: Michael Nteza/ChimpReports)

Makindye General Court Martial has ruled Nakawa Municipality MP Hon Michael Kabaziguruka and four other civilians must face the treason trial at the military court.

The accused were challenging their trial at the court, viagra dosage saying it only applies to militants.

Kabaziguruka, AIP Ferdinand Obulejjo (police officer formerly attached to Counter Terrorism Department), Musa Lutwama, Felix Oluge and Fredrick Namara (former presidential guard soldier) recently filed an application at the court, arguing that at the time of their arrest they were not found with any military equipment.

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Kabaziguruka went further to make oral submissions, saying the General court martial is not legally established.

He said the court can’t hear political offences because it’s appointed by President Museveni who is the commander- in-chief and therefore is “mostly likely to influence its decisions especially on political cases like this one where he (Museveni) made prejudicial statements that he was not ready to let me (Kabaziguruka) walk freely.”

In his ruling today, General Court Martial Chairman Lt Gen Andrew Gutti defended the court’s legality, saying it was created by Article 197 of the Constitution.

“This court is constitutionally recognized and can therefore hear cases,” he ruled.

On the issue of court being presided over by the president’s appointees, Gutti said, “we are independent just like any other court of law whereby the president uses his constitutional mandate to appoint all judicial officers but doesn’t interfere in their duties.”

Regarding claims that the accused were never found in possession of military stores, Gutti cited Section 119 Subsection 1 and G of the UPDF ACT which gives court powers to try any civilian who aids any serving officer to abet and commit treason charges.

“It’s clearly stated on the charge sheet that all these civilians aided the serving officers whose service numbers and ranks were clearly stated on the charge sheet but the details were not disclosed,” said Gutti.

“Although Namara retired from the army, the law provides that a veteran below 50 years automatically becomes a member of the reserve force.”

Three of the five suspects pleaded not guilty while Kabaziguruka did not appear in court today.

Felix Aluge did not taken plea due to the absence of a Luo interpreter.


Meanwhile, there was drama in court after a prisons officer presented a medical form from Kigo Prison indicating that Kabaziguruka was not been able to attend court because he is currently admitted at the facility’s hospital.

However, this was challenged by the Judge Advocate Lt Col Gideon Katinda who submitted a letter dated September 4 and signed by Hon Kabaziguruka saying he would not attend court martial until his matter at the High Court Civil Division is resolved.

“It’s so absurd to see that Government authorities have gone ahead, in contempt of court, to appear to be in connivance with the accused person to frustrate his trial before this court,” Katinda remarked.

The case was adjourned to September 26, 2016.

Kabaziguruka and 23 others who include soldiers are facing charges of treason and aiding and abetting treason before the General court martial.


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