Staff
The High Court in Kampala has dismissed an application in which Robert Kyagulanyi’s singing partner, Ali Bukeni alias Nubian Li, the head of his personal bodyguards Eddy Ssebufu alias Eddie Mutwe and 34 other National Unity Platform supporters sought to stop trial by the army court.
The cases before the two courts is different. Civilians can be subject to military law and charged before the army court. Until section 119 of the UPDF Act 2005 is repealed, it will remain enforceable.
The judge ruled that because the charges that the group is facing are triable by the army court it is therefore legal for them to be arraigned before the same court.
“They have not produced evidence to prove that they were tried by a competent court in subject the charges at the General Court Martial in Makindye.”
In their application, the 36 National Unity Platform supporters accused the police and military of torturing them during and after the arrest.
They, therefore, wanted court to pronounce itself on the same but Justice Esta Nambayo ruled that there was no evidence to prove the allegations of torture as required by law.
“There is no medical report to confirm the allegations yet whoever wants court to dispense justice must prove those facts exist. They should have produced credible evidence.”
Whereas the 36 people presented their own affidavits and those of their relatives saying they had torture marks all over their bodies, the court ruled that such evidence was not enough to prove the allegations.
