Kabaziguruka Can Be Tried in Army Court – Rules High Court

MP Michael Kabaziguruka and his lawyer Ladislus Rwakafuuzi have decided to challenge the High Court Ruling before the Constitutional Court

A Friday High Court ruling has dealt the final blow onto the Nakawa Member of Parliament Michael Kabaziguruka’s efforts to challenge his trial in the General Court Martial.

The legislator, viagra 40mg who together with 22 others is accused of trying to overthrow government had on two occasions objected to his trial in the army court when he is a civilian.

He first made the complaint before the army court chaired by Lt Gen Andrew Gutti, and later only filed a formal application before the Kampala High Court.

In his application, the MP stated that he is a civilian who was never arrested with any army store nor with an army officer. He further challenged the impartiality of this court to try a political offence considering that it is appointed by the president against who the MP is said to have plotted.

In her ruling today, Kampala High Court Judge Patricia Wasswa Basaza deduced Kabaziguruka is subject to military law by the virtue that his purported actions are connected to the army.

The judge quoted two different precedent cases in which higher courts had ruled that army courts can indeed try civilians.

In Namugera Hadija Vs the DPP, the Supreme Court had ruled that under the UPDF Act, the court martial will try people who have committed service offences as well as any civilian who aids a member of defense forces to commit a service offence.

Earlier this week, the General Court Martial Chairman Gen Gutti had made a similar ruling that Michael Kabaziguruka can legally be tried under the army court for as long his actions are connected to the army realm.

The Chairman ruled that Section 119 of the UPDF Act empowers him to try any civilian. In Kabaziguruka’s case, he is said to have aided or abetted persons subject to military law to commit the offences charged, which renders him too subject to the military law.

The High Court Judge advised the legislator if dissatisfied, to petition the Constitutional Court to rule on the matter.

Indeed after a 30 minute consultation with his client, Kabaziguruka’s lawyer Ladslus Rwakafuuzi told reporter that a petition challenging the high court ruling will be filed in a short while.

Kabaziguruka is charged together with 22 others on allegations of treachery and offences relating to security, by infiltrating the defense forces and engaging in war-like activities against the government.



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