Family seeks court order over detained soldier
In the application before the Civil Division of the High Court, Ssempijja’s family is asking the court to compel the Attorney General, the Chief of Defence Forces, the Joint Staff in charge of Defence Intelligence and Security, and the Commandant of the UPDF Military Police Brigade to produce Ainebyona and justify his continued detention.
Detained Uganda People’s Defence Forces (UPDF) officer Capt. Amis Ainebyona. (Courtesy photo)
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The family of a detained Uganda People’s Defence Forces (UPDF) officer has petitioned the High Court, seeking orders to compel the military to produce him in court after spending over a year in detention.
Through M/S Moogi Brian and company Advocates, Joseph Ddungu Ssempijja, the father-in-law of Capt. Amis Ainebyona has filed a habeas corpus application, arguing that the officer has been held for an extended period without lawful justification and outside the oversight of any competent court.
In the application before the Civil Division of the High Court, Ssempijja’s family is asking the court to compel the Attorney General, the Chief of Defence Forces, the Joint Staff in charge of Defence Intelligence and Security, and the Commandant of the UPDF Military Police Brigade to produce Ainebyona and justify his continued detention.
According to court documents, Ainebyona has been in custody since September 2024 but has not been formally charged or presented before a court-martial or any other competent tribunal.
The family argues that this amounts to a violation of his fundamental rights, particularly the right to liberty.
They further contend that the continued confinement of the officer cannot be justified under internal military processes, insisting that any disciplinary issues should be handled through established legal channels.
Army opposes application
However, the UPDF has opposed the application, maintaining that the officer is neither missing nor unlawfully detained.
In an affidavit sworn by Lt. Col. Edgar Musasizi, the army states that Ainebyona is a serving officer subject to military laws and disciplinary procedures.
He explains that the officer is being held under administrative detention arising from internal disciplinary matters.
Musasizi adds that Ainebyona was placed under administrative detention for his own good and for the good of the institution.
The army further claims that the officer’s family is aware of his whereabouts and that the application is based on unfounded allegations.
It also argues that the High Court is not the proper forum to determine matters arising from internal military disciplinary processes.
Justice Bernard Namanya has set May 15 to deliver his ruling on the matter via email.