The High Court in Kampala has rejected an application by jailed lawyer Eron Kiiza seeking release, citing a Supreme Court ruling that barred the trial of civilians in military courts. Kiiza, a known ally of opposition leader Dr. Kizza Besigye, argued that his continued detention was illegal in light of this recent decision.
Presiding over the case on Monday, Civil Division Judge Dr. Douglas Singiza ruled that Kiiza had filed his application in the wrong court. Since his conviction had already been appealed at the Court Martial Appeals Court, the judge stated that the matter should have been handled there, not in the Civil Division of the High Court.
Dr. Singiza further noted that the proper legal approach would have been a judicial review rather than a habeas corpus application.
“The applicant used an incorrect procedure. The application is hereby dismissed with no order as to costs,” he ruled.
Kiiza’s legal team, led by constitutional law expert Peter Mukidi Walubiri, argued that the Supreme Court’s ruling on the jurisdiction of the General Court Martial invalidated Kiiza’s conviction. They insisted he should either be released unconditionally or, if necessary, face trial in a civilian court.
Walubiri referenced past cases, including those of Dr. Kizza Besigye and Obeid Lutaale, where military court charges were later transferred to civilian courts. He also maintained that the High Court had jurisdiction to hear the matter but claimed procedural barriers prevented them from filing the case in the Criminal Division.
However, Senior State Attorney Johnson Natuhwera, representing the Attorney General, opposed the application, asserting that Kiiza’s conviction remained valid. He argued that the Supreme Court ruling did not abolish the General Court Martial but merely provided guidance on handling future cases.
Natuhwera added that Kiiza’s nine-month sentence had already been upheld by the Supreme Court and that any legal challenge should follow the appropriate legal channels.
Kiiza was convicted by the General Court Martial on January 9, 2025, over his role in representing Besigye and Lutaale in a treason case. Following the High Court’s decision, his legal team is expected to explore alternative legal options.
