MP Kabaziguruka loses case against his trial

High Court Judge Patricia Basaza has dismissed an application by incarcerated Nakawa MP Michael Kabaziguruka in which he had challenged his trial at the army court.

In her ruling, Justice Basaza agreed with principal state attorney George Kallemera that Kabaziguruka is rightly charged before the army court under section 191 (1g) of the UPDF Act, which provides that any person including civilians shall be subject to military law in commission of service offences.

On the impartiality of the General Court Martial, Basaza said that the issue was filed before a wrong Court and advised Kabaziguruka to petition the Constitutional Court to determine the issue.

"You have a point on this issue, but you petitioned a wrong court and since no lawyer from both sides asked court during submission to refer the issue to the Constitutional Court for interpretations, I will not do it," she said

Recently, Kabaziguruka petitioned the High Court seeking a declaration that his trial before Army court is a violation of his constitutional rights to a fair trial.

He sought to be unconditionally released from Kigo Main Prison where he is currently being held.

The case was dismissed with no costs.

Shortly after the ruling Kabaziguruka's lawyer Ladislaus Rwakafuuzi said that they are going to appeal. He alleged that the judge did not understand any of the submissions they made in Court.

According to prosecution, Kabaziguruka and his 22 co-accused are alleged to have contrived a plot to overthrow the government of Uganda when they engaged themselves in war-like activities.

The offences were allegedly committed between February and June, 2016 in various places of Kampala, Wakiso and Luweero districts.