The High Court in Kampala has dismissed an application by jailed lawyer Eron Kiiza, who sought to be released following a recent Supreme Court ruling barring the trial of civilians in military courts.
Kiiza, a known associate of opposition leader Dr. Kizza Besigye, argued that his continued detention was unlawful in light of the ruling, but the court found his application procedurally flawed.
Presiding over the case on Monday, Civil Division Judge Dr. Douglas Singiza ruled that Kiiza had filed his application in the wrong court. The judge noted that since Kiiza had already appealed his conviction at the Court Martial Appeals Court, the matter should have been handled there instead of in the Civil Division of the High Court. Furthermore, he clarified that the proper legal avenue to challenge Kiiza’s detention was through judicial review rather than a habeas corpus application.
“The applicant chose a wrong and incorrect procedure. The application is hereby dismissed with no order as to costs,” Judge Singiza ruled.
Kiiza’s legal team, led by Constitutional Law expert Peter Mukidi Walubiri, had argued that the Supreme Court’s ruling on the jurisdiction of the General Court Martial invalidated Kiiza’s conviction. Walubiri insisted that Kiiza should be released unconditionally or, if still facing criminal charges, be tried in a civilian court. He cited past cases, including those of Dr. Kizza Besigye and Obeid Lutaale, where military court cases were later refiled in civilian courts.
However, Senior State Attorney Johnson Natuhwera, representing the Attorney General, opposed the application, arguing that Kiiza’s conviction remained valid. He emphasized that the Supreme Court’s ruling did not abolish the General Court Martial but merely provided guidance on how future cases should be handled.
Natuhwera further noted that Kiiza’s nine-month sentence had already been affirmed by the Supreme Court and that his legal challenge should follow the proper judicial channels.
Kiiza was convicted by the General Court Martial on January 9, 2025, over his representation of Besigye and Lutaale in a treason case. His legal team is now expected to explore alternative avenues to secure his release.
