AG Kiwanuka lost it on assuming ‘confusion’ on court martialed civilians

For the record, the Attorney General Kiryowa Kiwanuka has never been known for publicly admitting doubts over anything.

He has overtly defended questionable Uganda’s human rights record at the United Nations in Geneva, Switzerland that attracted protests by 2 NUP supporters who stormed into the conference and disrupted it.

He again defended the controversial coffee agreement government signed with Vinci Coffee Company Limited, the company owned by Enrica Pinetti.

He also passionately defended the government’s $200m (Shs730b) deal it signed with the Export-Import Bank of China [Exim] to renovate Entebbe airport, insisting Uganda will meet the contractual obligations.  

Yet recently, Mr Kiwanuka said he is confused as to what exactly to do with civilians being charged in military courts. With a number of Opposition supporters currently languishing in jail over charges that are before the General Court Martial (GCM), Mr Kiwanuka has come under pressure to implement the recent Constitutional Court judgment that essentially outlawed the practice. 

Whereas there’s the Constitutional Court judgment, Mr Kiwanuka says those pressing him are forgetting a Supreme Court judgment passed 14 years ago, which he says, greenlighted the trial of civilians in the GCM under specific conditions. 

“The president of the Uganda Law Society (ULS) mentioned the recent case of the Court of Appeal on the trial of civilians at military courts. Now I’m at pains because everyone is quoting the recent judgment, but I have a Supreme Court judgment. So how do I advise?” Mr Kiwanuka said during the recent New Law year function after ULS president Bernard Oundo raised the issue. 

“Do I follow the Court of Appeal judgment?” He asked referring to the Constitutional Court judgment.  Or do I follow the Supreme Court judgment? The Supreme Court judge said it is okay. You can do it because you can follow these rules – the rules of precedence, the rules that govern our practice,” he said.  

Additional reporting: Daily Monitor