By Johnson Kanyesige
The Chief of Defence Forces (CDF) General Muhoozi Kainerugaba has described as “unfortunate and unacceptable” a recent Supreme Court ruling that effectively halts all trials conducted by military courts.
Speaking at the 44th Tarehe Sita celebrations in Kyotera District, Muhoozi warned that the judgment could pose a serious threat to national security and undermine the effective command of the Uganda People’s Defence Forces (UPDF).
The ruling, delivered unanimously by seven Supreme Court justices on January 31, declared that the General Court Martial functions as a disciplinary unit for the UPDF rather than a judicial body, thereby barring it from trying civilians and certain categories of cases.
But Muhoozi strongly opposed the decision, saying, “This development is very unfortunate and quite unacceptable. It could lead to a national security crisis, threatening effective command, control, and administration of the defence forces.”
The CDF revealed that efforts are already underway to amend the UPDF Act in response to the ruling.
“We have embarked on engagements with the concerned stakeholders to streamline the powers of the court martial,” he said.
Muhoozi also used his speech to highlight the role of the UPDF and its predecessor, the National Resistance Army (NRA), in stabilizing Uganda.
He credited the military for ending lawlessness and laying the foundation for development.
“The UPDF, without doubt, remains a foundation upon which democracy and socio-economic transformation can be realized,” he asserted.
However, legal experts have pointed out that any amendments to the UPDF Act must align with the Ugandan Constitution.
Article 92 of the Constitution explicitly prohibits Parliament from passing laws that alter judicial decisions, while Article 137 provides for constitutional interpretation by the courts, reinforcing the authority of the Supreme Court’s ruling.
Meanwhile, despite the Supreme Court’s judgment rendering civilian detentions under military jurisdiction illegal, the government has yet to release political figures such as opposition leader Dr Kizza Besigye.
Muhoozi has, in the recent past, made provocative statements regarding Besigye’s detention, suggesting that the veteran opposition politician would only leave custody “in a coffin or on his knees.”
