Lawyer fails Kipoi's court petition

COURT

KAMPALA - The Constitutional Court has dismissed a petition by former Bubulo West Member of Parliament Tonny Nsubuga Kipoi, on grounds that the lawyer handling it did not have a valid practising certificate.

Kipoi was challenging Section 119 of the Uganda People's Defence Forces (UPDF) Act, which subjects civilians to trial in military courts.

According to Kipoi, the section contradicts Article 210 of the Constitution, which mandates Parliament to make laws regulating members of the defence forces.

CASE DISMISSED ON TECHNICALITY

However, when the case came up for hearing on Tuesday, a panel of five judges led by Kenneth Kakuru, dismissed the case on a technicality, after finding that the lawyer, Maj. (rtd) Ronald Iduuli, had not renewed his practising certificate this year. The other judges on the panel are justices Stephen Musota, Christopher Izama Madrama, Hellen Obura and Remmy Kasule.

Iduuli told court that he did not renew his practising licence because of the lockdown resulting from the coronavirus (COVID-19) pandemic.

"This is a flimsy reason because Kipoi instructed Ojok Advocates, which has many lawyers. This prejudiced the petitioner because he has not got justice," Iduuli complained speaking to the press outside court.

He added: "I have contacted my client and he has instructed me to take appropriate action. We shall look at the laws and decide whether to appeal or re-instate the case."

In March 2018, Kipoi was charged at the General Court Martial (GCM) with offences relating to treason.