The judicial landscape in Uganda is undergoing a development with the announcement that the case involving prominent opposition figure Kizza Besigye is shifting from the Ugandan Court Martial to the High Court. This move comes in the wake of the recent statement by Norbert Mao, a notable political activist and lawyer, indicating that key judicial authorities including the Attorney General, the Director of Public Prosecutions, and the principal judge are actively facilitating this transition. The backdrop of this development is the Supreme Court’s ruling in Attorney General v Michael Kabaziguruka [2025] UGSC 1, in which the court decreed that civilians could not be subjected to military courts. This stems from the requirement for independence in judicial proceedings, as per Article 28 of the Constitution of Uganda.
Besigye’s legal troubles began following his disappearance in Kenya in late 2024, after which he was found detained in Uganda. The Makindye General Court Martial subsequently charged him with offenses related to security and unlawful possession of firearms, under the Uganda People’s Defence Forces Act, with an additional charge of treachery later appended. Besigye maintains his innocence, yet his health has reportedly declined during his detention, highlighting concerns from the Uganda Human Rights Commission.
The Law Society of Uganda contends that Besigye’s charges, even before a civilian court, are unfounded following the Supreme Court’s decision. They argue for his immediate and unconditional release, emphasizing the need for Uganda to honor its international human rights obligations, a sentiment echoed on various legal platforms, including JURIST.