The High Court in Kampala has dismissed an application filed by jailed lawyer Eron Kiiza, seeking his release following the Supreme Court’s decision barring the trial of civilians in military courts. On Monday, Civil Division Judge Dr. Douglas Singiza dismissed Kiiza’s application, stating that because the lawyer had already appealed to the Court Martial Appeals Court, his case was improperly filed before the Civil Division of the High Court.
Judge Singiza emphasized that the High Court’s jurisdiction was limited in this matter, and Kiiza had not followed the correct procedure for seeking his release from the Court Martial. The judge further noted that the application for habeas corpus was an incorrect approach, and had it been a judicial review, the application could have been successful.
“The applicant chose a wrong and incorrect procedure. The application is hereby dismissed with no order as to costs,” the judge said. Last week, a team of lawyers led by constitutional law expert Peter Mukidi Walubiri asked the Court to release Kiiza unconditionally. Walubiri argued that Kiiza had been subjected to contempt proceedings before a court that the Supreme Court had found to have no jurisdiction due to its composition and the mode of appointment.
He noted that the Supreme Court had held that a decision nullifying proceedings before the General Court Martial would have retrospective effects. Walubiri further argued that if the cases were criminal trials, they would be transferred to criminal courts. He cited the example of Dr. Kizza Besigye and Obeid Lutaale, who were charged afresh in a similar case, and said that if there were new evidence, the DPP would start the trial anew.
Walubiri also referenced the Supreme Court’s judgment, stating that it would not have retrospective implications for convicts before the judgment unless the conviction is being challenged in court. Judge Singiza asked Walubiri if he believed the matter should have been filed before the Civil Division of the High Court. Walubiri responded that special divisions of courts in Uganda exist for administrative convenience, but the High Court, wherever located, has floating jurisdiction.
He mentioned that they had initially tried to file the matter before the Criminal Division Registry, but the Registrar had attempted to dismiss it. The judge, however, suggested that had they filed for revision, it might have been easier. In defense, the Attorney General, represented by Senior State Attorney Johnson Natuhwera, argued that Kiiza had been convicted by the Court Martial, which operates under the Constitution of Uganda.
He noted that while the Supreme Court had given advisory guidance on handling cases from the Court Martial, it did not abolish it. Natuhwera explained that Kiiza was sentenced under Section 169(i)(g) of the UPDF Act, which addresses contempt of court by an advocate. He pointed out that the law stipulates a five-year sentence for such contempt, adding that Walubiri was misinterpreting the law. He also stated that the Court Martial had been lenient in sentencing Kiiza to a nine-month jail term.
Natuhwera further clarified that Kiiza’s sentence had been upheld by the Supreme Court, and although Kiiza could continue challenging his conviction, his release was not warranted during the ongoing appeal process. He emphasized that Kiiza had appealed to the General Court Martial Appeals Court and that any potential transfer of the case should have been filed with the Criminal Division of the High Court, not the Civil Division.
The Attorney General also argued that Kiiza had wrongly sued him, as the matter stemmed from criminal proceedings, which the Attorney General does not handle. As a result, Kiiza’s application was dismissed with no order as to costs. Eron Kiiza was convicted by the General Court Martial, chaired by Brigadier Robert Freeman Mugabe, on January 9, 2025. Kiiza had been representing Dr. Kizza Besigye and Obeid Lutaale Kamulegeya in a case that has since been upgraded to treason. The individuals Kiiza sought to represent are also in jail on new charges.
