Kipoi petitions court over detention in army barracks

May 28, 2018

Through Ojok Advocates, Kipoi wants the respondents to show cause why he is being detained in a Military facility yet he is a civilian.

MAKINDYE - The former Bubulo West Member of Parliament (MP), Tony Nsubuga Kipoi has petitioned High Court, seeking to be released from Makindye Military barracks.
Kipoi also asked court to order the Director of Public Prosecution (DPP) to stop his prosecution before the General Court Martial (GCM).
He filed an application of habeas corpus against the Attorney General, DPP, Chief of Defence Forces (CDF) and the commanding officer, Makindye Military barracks in the Civil Division of the High Court in Kampala on Friday, May 25.
A habeas corpus, is an application requiring a person under arrest to be brought before a judge or into court, especially to secure the person's release unless lawful grounds are shown for their detention.
Through Ojok Advocates, Kipoi wants the respondents to show cause why he is being detained in a Military facility yet he is a civilian.
Kipoi also wants the DPP to explain why he instituted trial proceedings against him at the army court, yet Article 120 3 (b) of the Constitution forbids it from doing so.
The article states that the DPP has powers to institute criminal proceedings against any person or authority in any court with competent jurisdiction other than a court martial.
"The institution of proceedings in a court martial by the DPP and detention in Makindye Military barracks is illegal and unconstitutional," he argued.
Kipoi contends that his trial in the army court for offences the DPP entered a ‘Nolle Prosegui', is illegal and unconstitutional. Nolle Prosegui means "will no longer prosecute" or a variation on the same. It amounts to a dismissal of charges by the prosecution.
Court documents indicate that Kipoi was arrested on December 23, 2012 on allegations of treason against the government.
On July 22, 2013, he (Kipoi) and five others soldiers  were arraigned before Nakawa Chief Magistrates Court and charged with the offence of treason and concealment of treason under Section 23 and 25 of the Penal Code Act (PCA) Cap 120.
They were later committed to High Court for trial, where they were discharged for want of prosecution.
On February 3, 2018, Kipoi was arrested in Botswana on accusations of masquerading as a witch doctor and defrauding four female victims of more than 290,000 Pula, about (sh111.6m), and deported back to Uganda.
On March 19, 2018, he was arraigned before the GCM, charged afresh with treason and remanded to Luzira Prison but later transferred to Makindye Military barracks.
On May 7, 2018 Kipoi objected to the jurisdiction of the GCM to try him, a civilian, in a Military court, for offences which he had been discharged, which objection was overruled by court chairman, Lt Gen. Andrew Gutti, on the advice of his legal advisor, Col. Gideon Kattinda.
So-far two witnesses have testified against Kipoi and his co-accused. They are Sgt.Yunus Lemeriga, Cpl Rogers Mweru, Sgt Adams Mawa, Sgt Albino Okeng and Pte Dodola Ijosiga, all soldiers attached to the Armoured Brigade in Masaka district.
In his affidavit, Kipoi says in September 2013, security personnel trailed him after he was granted bail by High Court in Kampala, prompting him to go to the Democratic Republic of Congo, where he was granted political asylum and later to Botswana.
"On realising I had settled in Botswana, the Uganda and Botswana government arranged for my deportation. I was deported to Uganda in a very inhuman and degrading way," he laments.


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