KAMPALA– Opposition Political figure, Rtd Col Dr. Kiiza Besigye is not happy with his continued detention in Prison after Supreme Court ruling which ordered for the transfer of files involving civilians before General Court Martial to Courts of Judicature.
Ever since the Majority ruling of Supreme Court of February 2025, government has worked on few things like preparing amendments for the UPDF Act , but has continued with detention of several civilians in Prisons who were facing charges before the Court Martial on grounds that they are waiting for the guidance of the Attorney General.
On the other side , Besigye one of the key beneficiaries of this ruling in protest of delayed implementation of the decision has started expressed his dis-satisfaction in a number of ways.
“Kizza Besigye is on hunger strike, detained illegally by a regime that fears his defiance more than it respects the law. This is not just an attack on him—it is an attack on every Ugandan who dares to demand justice. They think they can break his spirit, but they underestimate his resolve.” Revealed Winnie Byanyima , a wife to Dr. Kiiza Besigye.
On Tuesday this week, the same person was expected to appear before Buganda Road court , but he sent a letter to court through the prisons Authorities indicating that he was indisposed, something which is very rare among the inmates.
Byanyima promised to continue standing with her jailed husband to ensure that he gets justice as per the Constitution.
Background
Dr. Kiiza Besigye and Hajji Obeid Lutale were charged with treason before the General Court martial last year
The two, along with Captain Denis Oola from the Uganda People’s Defence Forces (UPDF) armored brigade, face five charges, including treachery and illegal possession of firearms.
Besigye and Lutale declined to take plea before the Army court, challenging it’s jurisdiction, the matter which they later petitioned to Constitutional court.
On Friday, 31 January 2025, the Supreme Court delivered a judgement nullifying with immediate effect, prosecution of all civilians in the General Court Martial and military courts as unconstitutional.
On Tuesday, 04 February 2025 during the sitting of the House, Kiryowa Kiwanuka informed Members of Parliament (MPs), that his office has provided advice to enable implementation of the court orders.
“We advise that all pending criminal trials in the General Court Martial should cease forthwith,” Kiryowa said
He also added that the General Court Martial in liaison with the prisons authorities should provide a list of all criminal cases involving civilians pending before the said military courts to determine the appropriate courts to handle the matter.
During the opening to the New Law Year ceremony at Judiciary Headquarters, emphasized that the government will soon table before Parliament several Amendments on the UPDF Act as per the orders of Supreme court.
Last week, while appearing before Parliament, chaired by Deputy Speaker, Hon Thomas Tayebwa, Hon. Nobert Mao, the Minister for Justice and Constitutional Affairs, Hon. Norbert Mao, asked the public not be misled that the recent Supreme Court ruling was an order for release of civilians being tried under the General Court Martial.
“The Supreme Court did not issue a release order; they said bring the prisoners to the proper court. It did not hear the cases; so how could it determine them? We should not excite the public that it should be a release,” said Mao.
The justice minister made the clarifications to the House chaired by the Deputy Speaker, Thomas Tayebwa, on Thursday, 06 February 2025.
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