Elison Karuhanga: Supreme Court ruling was long overdue

Elison Karuhanga, a senior advocate and partner at Kampala Associated Advocates (KAA) has welcomed the Supreme Court decision outlawing the trial of civilians in army courts saying it was long overdue.

Speaking to Bbeg Media moments after the ruling, Karuhanga said for a long the Uganda Law Society and other entities had made the argument that army courts did not have the jurisdiction to try to civilians

“The decision ends over two decades of legal confusion. When this law (UPDF Act) was passed in 2005, the Uganda Law Society (ULS) immediately challenged it. More than 40 sections of the law were challenged at that time by ULS. But this issue remained a sticking sore thumb. We have had many Constitutional Court decisions challenging this. So, the question was: what is the correct position? So for me I think the Supreme Court has finally spoken and it now guides the process of going forward. There is no controversy,” Karuhanga said.

The Supreme Court today dismissed an appeal lodged by the government over the trial of civilians in the General Court Martial (GCM).

Supreme Court affirms its illegal to try civilians in army courts, says all trials must cease

The government had challenged a Constitutional Court ruling that upheld that it was “unconstitutional” for civilians to be tried in the army courts.

Karuhanga said the decision offers “finality” to the question. Karuhanga is one of the front runners to represent Uganda Law Society on the Judicial Service Commission. The elections were paused after an injunction.

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