High Court in Kampala has Friday ruled that Nakawa Municipality MP Michael Kabaziguruka is subject to military law and must stand trial on charges of treachery before the General Court Martial.
Justice Patricia Basaza Wasswa dismissed with no orders to costs, Kabaziguruka’s application filed against government, seeking to declare that his trial before the army court is a violation of his constitutional right to a fair hearing.
Justice Basaza noted that section 119 of the UPDF Act empowers the army court to try civilian suspects who aid and abet a person subject to military law in the commission of an offence.
The judge therefore advised that unless section 119 i, g and h of the UPDF Act is repealed or declared to be unconstitutional by a compentent court, it will remain valid, effective and enforceable regardless of the misgivings of human rights advocates about it.
This means that Kabaziguruka can go ahead and challenge the said section in the constitutional court.
The High Court ruling comes weeks after the General Court Martial also dismissed Kabaziguruka’s application, saying he allegedly aided about 20 serving officers of the UPDF in an alleged plot to overthrow the government of Uganda by force of arms. This allegedly took place between February and June 2016 in districts of Kampala, Wakiso and Luweero.
He has now been returned to jail at Kigo Goverent prison until September 26 for mention of his case before Makindye Army Court.
Kabaziguruka’s lawyer Ladislaus Rwakafuuzi says that they are going to appeal.