The Attorney General of Uganda, Kiwanuka Kiryowa, has issued a statement regarding the recent Supreme Court ruling delivered on January 31, 2025.
In his remarks, Kiryowa explained the legal steps that will follow the Court’s decision, which has significant implications for the handling of criminal cases currently under trial in the General Court Martial (GCM).
Speaking to the media on February 3, 2025, the Attorney General outlined several key actions that his office has advised following the delivery of the signed judgment on February 2, 2025.
Kiryowa confirmed that, as per the ruling, all criminal trials before the General Court Martial should cease with immediate effect.
He emphasized that this directive is part of the implementation of the Court’s decision, which has now been communicated to the relevant authorities for action.
The Attorney General’s advice includes a series of steps to ensure that pending criminal cases, particularly those involving civilians, are transferred from the General Court Martial to the appropriate civilian courts for trial.
He directed that the General Court Martial, in coordination with the Uganda Prisons Authority, should compile a comprehensive list of all criminal cases involving civilians, which will be forwarded to civilian courts for further action.
In addition, the General Court Martial has been tasked with identifying all cases involving members of the Uganda People's Defence Forces (UPDF) that fall under the category of transfer to civilian courts.
This will ensure that all pending trials are handled by the appropriate judicial bodies.
Furthermore, Kiryowa emphasized that the Directorate of Public Prosecutions (DPP) will work closely with the General Court Martial and the UPDF to take over the prosecution of criminal trials identified for transfer.
He also advised the Uganda Prisons Authority to adhere to the process outlined and await further instructions regarding the detention of accused individuals who were previously facing trial in military court.
"The Ministry of Defence and Veteran Affairs is also advised to immediately begin considering the Supreme Court’s recommendations, with the aim of introducing necessary amendments to the Uganda People’s Defence Forces (UPDF) Act," Kiryowa stated.
Additionally, the Attorney General revealed that he had written to the Chief Justice to notify him of the commencement of the implementation process.
In his letter, Kiryowa also requested guidance on the appropriate contact person within the DPP’s office who should liaise with the General Court Martial and other relevant entities for the effective execution of the Court’s orders.
In response to questions about the timeline for these actions, Kiryowa clarified that the matter at hand pertains to the decision of the Court, and there are no specific timelines outlined in the judgment.
"The Court Martial cannot sit. Ssegona should have extracted a decree and use it where he sees fit," Kiryowa said, adding that he had reviewed the judgment thoroughly, word by word.
The Attorney General concluded by reaffirming his commitment to ensuring that the implementation of the Supreme Court’s ruling is carried out efficiently and in accordance with the law