High Court judge Isaac Muwata has ordered the release on bail of Enock Tumwesigye, a civilian held for an appalling 1,500 days under the authority of the General Court Martial.
The case throws a harsh spotlight on the persistent failures in handling civilian matters within military courts and the ensuing, unacceptable delays in the civilian judicial process.
Justice Muwata, presiding over Criminal Miscellaneous Application No. 0133 of 2025, did not mince words as he granted Tumwesigye his freedom upon a cash bail of Shs2 million, supported by non-cash bonds of Shs10 million each for his sureties.
The application arose from a murder charge (UPDF/GCM/022/2020) that legal experts argue should have never been entertained by the military court.
Tumwesigye's ordeal began on September 4, 2019. Despite an initial withdrawal of charges by the Director of Public Prosecutions, he was inexplicably rearrested on January 1, 2021, and subsequently brought before the General Court Martial on March 22, 2021.
This action flew in the face of established legal principles that clearly demarcate the jurisdiction over civilians.
Justice Muwata's ruling drew significant strength from the Supreme Court's definitive stance in Attorney General vs Michael Kabaziguruka, which unequivocally affirmed the lack of jurisdiction of military courts over civilians in civil offenses.
The judge pointedly criticized the prosecution's failure to demonstrate any transfer of Tumwesigye's case file to the appropriate civilian courts, a transfer mandated by the Supreme Court's ruling.
"The Applicant's detention for over 1,500 days without trial, under the authority of a tribunal that lacks jurisdiction, is a clear abuse of process," Justice Muwata declared in his judgment.
He invoked the High Court's inherent powers under Section 17(2) of the Judicature Act to intervene against such abuses, ensure timely trials, and deliver substantive justice, referencing the precedent established in Matia Shabahuria vs Uganda.
Furthermore, the ruling highlighted the fundamental constitutional right to bail enshrined in Article 23(6)(c), which mandates release after 180 days of remand without committal for High Court-triable offenses.
Justice Muwata underscored the egregious violation of this right in Tumwesigye's case, stating, "The Applicant has been in detention for over 1,500 days (approximately 4 years) without trial, a period that grossly exceeds the constitutional threshold of 180 days."
While the prosecution presented arguments concerning the severity of the murder charge and the potential for flight or witness tampering, Justice Muwata firmly rejected these as unsubstantiated and speculative.
He reiterated the legal burden on the State to provide compelling evidence to justify denying bail once the mandatory detention period has elapsed.
The harrowing experience of Enock Tumwesigye starkly illustrates the profound injustices that can occur when due process is subverted and jurisdictional boundaries are ignored.
His protracted and unlawful detention raises serious questions about institutional accountability and the urgent need for unwavering adherence to constitutional protections for all citizens, irrespective of the initial accusations they face.
Tumwesigye is now obligated to report to the High Court's Deputy Registrar on the first Monday of each month as his case navigates the appropriate civilian legal channels.