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A city lawyer, Eron Kiiza, sentenced to nine months in prison by the General Court Martial (GCM) in Makindye for contempt of court, has lost a bid to regain freedom.
On Monday (March 3, 2025), Justice Douglas Singiza of the Civil Division of the High Court dismissed Kiiza’s application seeking release from Kitalya Prison, citing procedural issues.
“The procedure used to challenge a conviction and sentence was incorrect,” he ruled.
The judge said he would have attempted to answer the issues raised by Kiiza had he approached the court by way of an application for judicial review.
“This court would not be clothed with the requisite criminal appellate or revisionary powers to examine the challenged conviction and sentence by the General Court Martial,” he ruled.
Kiiza was convicted of contempt of court when he banged the angle bars while representing four-time presidential candidate Dr Kizza Besigye and his aide Hajji Obeid Lutale.
Besigye and Lutale were formally charged with treason and misprision of treason at Nakawa Chief Magistrate’s Court on February 21, 2025, and remanded to Luzira Prison by Chief Magistrate Esther Nyadoi. The two have since applied for bail at the High Court.
The duo was charged alongside Uganda People’s Defence Forces (UPDF) officer Capt. Denis Oola, who is attached to the armoured brigade.
During the hearing of his application, Kiiza was represented by lawyers Jude Byamukama, Peter Arinaitwe and Peter Mukidi Walubiri while the Attorney General’s chambers was represented by senior state attorney Johnson Natuhweera.
How Kiiza was jailed
As the General Court Martial convened to hear the case of Dr Kizza Besigye and his aide Haji Obeid Lutale on January 7, 2025, chaotic scenes played out in the court.
Besigye, the former Forum for Democratic Change (FDC) president and Lutale are facing charges of subversion and unlawful possession of firearms.
As Kiiza, who is one of the defence lawyers, proceeded to the bar (a place designated for lawyers), he banged the angle bars, a conduct the judge advocate, Brig. Gen. Richard Tukacungurwa said was contemptuous.
Consequently, Kiiza was intercepted by military officers and a scuffle ensued.
Amid the chaotic scenes in the courtroom, the army court chairman, Brig. Gen Robert Freeman Mugabe and the members of the court adjourned the case for 30 minutes and excused themselves from the courtroom.
Kiiza was later brought and sentenced to nine months in jail.
In his ruling, Mugabe said on December 10 last year, Kiiza expressed gross professional misconduct and he was warned to desist from the same.
However, Kiiza exhibited the same when he confronted a court orderly, who was guiding him where to sit, according to Mugabe.
Kiiza was not given an opportunity to speak after the contempt charge was read out.