Cabinet sets requirements for Court Martial heads

KAMPALA - Cabinet has endorsed amendments to the Uganda People’s Defence Forces (UPDF) Act, setting new qualifications for heads of military courts. 

The amendments will see the army court reconstituted at unit, division and General Court Martial levels. 

According to the new endorsement, anyone who is to chair a court martial at any level must be a competently trained lawyer qualified to be appointed as a judge of the High Court. 

Additionally, the General Court Martial will now be elevated to the level of the High Court, with a provision allowing appeals to a civil court if one is dissatisfied with the ruling. 

The revised amendments also specify the ranks from which such chairpersons can be appointed.

Supreme Court ruling  

Cabinet’s move follows a landmark verdict delivered on January 31 by the Supreme Court, in which judges quashed the General Court Martial’s powers to try individuals for various crimes, limiting its role to handling army disciplinary matters. 

The decision, led by Chief Justice Owiny-Dollo, upheld an earlier Constitutional Court ruling that military courts cannot try civilians. 

The order not to try civilians in the General Court Martial (GCM) came after a petition filed by former Nakawa Member of Parliament Michael Kabaziguruka, who challenged his treason trial before the GCM on the basis that he is a civilian. 

Minister Chris Baryomunsi

The Chief Justice said military courts or tribunals are specialised forums created to deal with discipline and regulation within the military and therefore, lack the jurisdiction to try civilians for service or criminal offences under the UPDF Act or other laws. 

During the ruling, the Supreme Court acknowledged the importance of military courts in maintaining discipline within the army, which in turn contributes to Uganda’s defence and security. 

The Supreme Court emphasised that extending military court jurisdiction to civilians — whether as accomplices or for possessing military stores — was unacceptable, as it would unjustly infringe upon rights and freedoms guaranteed by Article 43 of the Constitution. 

The court recommended that the Executive and Parliament administratively establish the GCM as a division of the High Court, without the need to create a new court, to handle capital criminal cases involving both military officers and civilians. 

The Chief Justice also advised the two arms of government to limit the functions of unit disciplinary committees (UDCs) and the Summary Trial Authority strictly to disciplinary offences, with no authority to impose imprisonment sentences. 

The court further recommended that the executive utilise the existing magistracy to handle the remaining criminal cases committed in Uganda which currently fall under the UDCs’ docket. 

The Chief Justice suggested that the Judicial Service Commission (JSC) appoint civilians with the requisite professional legal qualifications to serve as judicial officers in subordinate military courts. 

Owiny-Dollo also called for a constitutional amendment to establish superior courts within the military court system and to endow them with appropriate jurisdiction, independence and impartiality to try specific military offences committed by military personnel. 

However, announcing Cabinet’s move yesterday at the Uganda Media Centre in Kampala, Dr Chris Baryomunsi, the Minister of ICT and National Guidance, said the Supreme Court did not abolish the General Court Martial. 

“The Supreme Court did not abolish the General Court Martial as the public seems to believe. It instead guided that Government reconstitutes it to ensure the dispensation of justice. As you know, we have the most understanding and listening President. We have, therefore, responded as guided,” Baryomunsi said. 

He said the old structure of the court martial was not in a position to dispense justice. 
The minister revealed that Cabinet on Monday cleared the amendments, adding that the defence minister will soon retable them in Parliament for further consideration. 

Earlier this year, the National Resistance Movement Parliamentary Caucus resolved to withdraw the UPDF Amendment Bill 2025 and introduce a comprehensive set of revisions to the proposed legislation.