news 17 March 2026 The Observer (Uganda)
Court of Appeal Halts Murder Convictions of Civilians from Army Trial
Uganda's Court of Appeal has suspended the murder and robbery convictions of two civilians tried by the General Court Martial, due to constitutional flaws in jurisdiction. The court ordered their case for review or retrial in a civilian court while they remain incarcerated. Source: https://observer.ug/news/court-of-appeal-suspends-murder-convictions-of-civilians-tried-by-army-court
The Court of Appeal has put on hold the 30-year prison sentences handed to Matia Kiiza Bukenya and Derrick Jumba, who were convicted by the General Court Martial for a deadly robbery.
The ruling came on Monday from justices Geoffrey Kiryabwire, Ketrah Kitariisibwa Katunguka, and Cornelia Kakooza Sabiiti in Criminal Appeal No. 0380 of 2023.
On July 1, 2018, the duo was accused of storming Moses K. Hardware in Masaka Municipality, killing two people, and stealing cash along with a sub-machine gun. Initially sentenced to 40 years, their term was cut to 30 years by the Court Martial Appeal Court.
Their lawyer, Henry Kunya, challenged the military court’s authority over civilians, claiming it violated fair trial rights and issued an unlawful sentence. The state countered that the Court of Appeal had no jurisdiction under the UPDF Act.
Drawing from a 2025 Supreme Court decision in Attorney General v. Michael Kabaziguruka that deemed civilian trials by military courts unconstitutional, the justices stressed jurisdiction as a core requirement.
The convictions and sentences are suspended, with the case sent to a civilian court for review or retrial. Bukenya and Jumba stay in prison until then.
This follows broader changes, including UPDF Act amendments allowing limited civilian trials with soldiers under tight rules, now facing constitutional challenges from figures like Dr. Kizza Besigye.
Source: The Observer (Uganda)