CDF Muhoozi Kainerugaba Condemns Supreme Court Ruling on Military Trials

The Chief of Defence Forces (CDF), General Muhoozi Kainerugaba, has strongly criticized the Supreme Court’s ruling that restricts military courts from trying civilians, calling it “unfortunate and unacceptable.” Speaking during the 44th Tarehe Sita celebrations in Kyotera District, Muhoozi warned that the decision could undermine national security and the effective command of the Uganda People’s Defence Forces (UPDF).

The landmark ruling, delivered unanimously by seven Supreme Court justices on January 31, ruled that the General Court Martial operates solely as a disciplinary unit for the UPDF rather than a judicial body. This decision effectively strips the military courts of the authority to prosecute civilians and certain military-related cases.

Reacting to the verdict, Muhoozi expressed grave concerns over its implications, stating, “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.”

In response to the ruling, Muhoozi revealed that steps are already being taken to amend the UPDF Act to address the concerns raised by the judgment. “We have embarked on engagements with the concerned stakeholders to streamline the powers of the court martial,” he stated.

Beyond addressing the ruling, Muhoozi took the opportunity to commend the UPDF for its role in securing Uganda. He credited the army and its predecessor, the National Resistance Army (NRA), for bringing stability and laying the foundation for socio-economic transformation. “The UPDF, without doubt, remains a foundation upon which democracy and development can be realized,” he emphasized.

However, legal experts have pointed out that any attempt to amend the UPDF Act must align with the Ugandan Constitution. Article 92 of the Constitution explicitly bars Parliament from enacting laws that reverse judicial decisions, while Article 137 grants the judiciary the power to interpret the Constitution, reinforcing the Supreme Court’s authority.

Despite the ruling, the government has yet to release civilians previously detained under military jurisdiction, including opposition figure Dr. Kizza Besigye. Muhoozi has previously made controversial remarks about Besigye’s detention, stating that the opposition leader would only be freed “in a coffin or on his knees.”

The Supreme Court ruling is expected to have significant political and legal ramifications, setting the stage for a potential showdown between the judiciary and the military as the government deliberates its next course of action.