City lawyer, Male Mabirizi Kiwanuka is set to challenge Kyadondo East Member of Parliament, Robert Kyagulanyi Ssentamu also known as Bobi Wine’s trial by the army court.
Following his arrest last week following the chaos in Arua municipality by –election, Kyagulanyi was arrested before being charged by the General Court Martial sitting in Gulu of charges related to unlawful possession of fire arms and ammunition contrary to section 3(2) (a) of the Fire Arms Act 299.
According to the charge sheet, Kyagulanyi, 36 is a person subject to military law by virtue of section 119 (1) of the UPDF Act 2005.
Section 119 (h) states that every person found in possession of arms, ammunition or equipment ordinarily being the monopoly of the defece forces or other classified stores as prescribed by the law is subject to military law.
However, Mabirizi told the Nile Post that he will be petitioning the Constitutional Court over the legality of charging civilians under the UPDF Act 2005 with unlawful possession of fire arms yet the same is catered for in the Fire Arms Acts.
“There is no need of charging civilians like Kyagulanyi in the court martial when they are not soldiers yet there is the Fire Arms Act to deal with them,”Mabirizi told this website on Sunday.
He said he will file the petition on Monday morning.
The Kyadondo East legislator was remanded to Makindye military barracks and is scheduled to return to court on August 23.