GEN TUMWINE | COURT | MARTIAL

KAMPALA - Big or small, a Corporal or a General, all were equal before Elly Tumwine’s Court. 

For the two years that Gen. Tumwine was chairperson of the General Court Martial, he treated all before him without fear or favour. 

He headed the General Court Martial in 2004 and was later reappointed by President Yoweri Museveni, the chairperson of the General Court Martial.

 As the chairperson who headed the General Court Martial, Lt General Elly Tumwine handled several high-profile cases. 

He will be remembered for convicting and sentencing lawyers Erias Lukwago and Caleb Alaka for contempt of court and ordering them to pay a fine and failure to adhere they would have served two weeks in jail. 

The lawyers opted for fine of sh1,000. 

Contempt of court is a crime under Uganda’s law in the Penal Code Act. Tumwine detained the former Editor-in-Chief of the New Vision, a news editor and two reporters at the General Court Martial (GCM) at Makindye over a story on the trial of former chief of staff Brig Nakibus Lakara. William Pike and John Baptist Wasswa were detailed after they published a story written by Maurice Okore and Steven Candia. 

The two journalists were also detained for publishing a story which Tumwine said was likely to jeopardise national security. 

The editors and journalists were fined sh1,000 each. At that the time Lakara had been charged with disobeying lawful orders from his superiors. 

However, he challenged his trial before Tumwine on grounds that the charge sheet was signed by the late Col Noble Mayombo who he said was a junior to him. 

During his term in office Tumwine also tried the late Maj Gen James Kazini over creating ghost soldiers on the army payroll. 

Also charged before Tumwine was Col Poteli Kivuna. He was charged with allegedly creating ghost soldiers on the army payroll 

Retired Col Dr Kizza Besigye was arrested in November 2005 alongside 18 other men, and were charged with treason and terrorism before General Court Martial presided over by Tumwine. 

The charges were in connection with a rebel group, the People’s Redemption Army, that operated from eastern Democratic Republic of Congo. 

The charges were later stopped by the Constitutional Court

Other Cases 

Tumwine presided over cases of those arrested during Operation Wembley. 

During their trial, he rejected the application by private lawyers to step down from hearing the case. 

He declined to recuse himself from the trial. 

Operation Wembly was formed in response to organised crimes that brought insecurity within Kampala, those arrested during the crackdown were charged before the General Court Martial. 

The lawyers Muhammad Mbabazi and Kiiza Rwakafuzi then representing Dr Wilson Mukama, Vincent Kasozi and Henry Suubi, who were facing charges of terrorism, aggravated robbery and illegal possession of firearms opposed Tumwine as being the chairperson.

In response, Tumwine said: “There is only one General Court Martial established by the NRA Statute, which provides for its jurisdiction, composition and methods of appointment. So, this court is legally established.” 

“There is no law that says that any member of such bodies (Parliament, NEC, High Command) does not qualify to chair this court. And in any case, this court is not hearing cases from the said bodies, but of violators of the laws of Uganda,” he said.