Government appeals over Kazini ruling
Apr 21, 2009
THE Attorney General has appealed against the Constitutional Court’s ruling that suspended the army court proceedings against former army commander, Maj. Gen. James Kazini.
By Anne Mugisa
and Edward Anyoli
THE Attorney General has appealed against the Constitutional Court’s ruling that suspended the army court proceedings against former army commander, Maj. Gen. James Kazini.
The court presided over by Justice Steven Kavuma last week suspended the Court Martial cases against Kazini, pending disposal of his petition challenging the constitutionality of his trial by the army court.
The Court Martial ruling in the case where Kazini was accused of disobeying orders of the Commander-in-Chief on deployment of troops was due about the same time. Kazini allegedly committed the offences between 2002 and 2003.
The court also halted two other cases against Kazini and before the General Court Martial and his appeal in the Court Martial Appeals Court, against an earlier conviction for causing a loss of sh60m to the army.
The Attorney General, who wants the proceedings against Kazini to continue in the Court Martial, contends that the ruling to halt the proceedings should be made up by a coram of three judges and not one.
Kavuma, who presided over Kazini’s application to halt the proceedings, had overruled the Attorney General on the issue of a lone judge handling the application.
Meanwhile, in a separate proceeding, the Constitutional Court said it will go ahead and hear Kazini’s petition which seeks a declaration that his trial by the Court Martial is unconstitutional.
The Court dismissed the Attorney General’s application which sought to block Kazini’s petition.
But the judges agreed to proceed with the petition because it raised what they referred to as “matters of great public importance.â€
The coram included justices S.G. Engwau, A. Twinomujuni, C.K. Byamugisha, S.B.K. Kavuma and A.S. Nshimye.
“Being human rights matters, we do not deem it fair to deny the petitioner a hearing,†the judges ruled.
and Edward Anyoli
THE Attorney General has appealed against the Constitutional Court’s ruling that suspended the army court proceedings against former army commander, Maj. Gen. James Kazini.
The court presided over by Justice Steven Kavuma last week suspended the Court Martial cases against Kazini, pending disposal of his petition challenging the constitutionality of his trial by the army court.
The Court Martial ruling in the case where Kazini was accused of disobeying orders of the Commander-in-Chief on deployment of troops was due about the same time. Kazini allegedly committed the offences between 2002 and 2003.
The court also halted two other cases against Kazini and before the General Court Martial and his appeal in the Court Martial Appeals Court, against an earlier conviction for causing a loss of sh60m to the army.
The Attorney General, who wants the proceedings against Kazini to continue in the Court Martial, contends that the ruling to halt the proceedings should be made up by a coram of three judges and not one.
Kavuma, who presided over Kazini’s application to halt the proceedings, had overruled the Attorney General on the issue of a lone judge handling the application.
Meanwhile, in a separate proceeding, the Constitutional Court said it will go ahead and hear Kazini’s petition which seeks a declaration that his trial by the Court Martial is unconstitutional.
The Court dismissed the Attorney General’s application which sought to block Kazini’s petition.
But the judges agreed to proceed with the petition because it raised what they referred to as “matters of great public importance.â€
The coram included justices S.G. Engwau, A. Twinomujuni, C.K. Byamugisha, S.B.K. Kavuma and A.S. Nshimye.
“Being human rights matters, we do not deem it fair to deny the petitioner a hearing,†the judges ruled.