The Cabinet sitting at State House, Entebbe, has approved amendments to the Uganda People’s Defence Forces (UPDF) Act to align with the recent Supreme Court recommendations, marking a significant shift in how military justice is administered in Uganda.
This decision comes after a landmark Supreme Court ruling in January 2025, which declared the trial of civilians in military courts under the current framework as unconstitutional. The court emphasized that trying civilians in such tribunals violates their rights to a fair and independent judicial process.
In its recommendations, the apex court proposed that the General Court Martial (GCM) should be restructured as a division under the High Court. This move would allow the GCM to handle capital criminal cases involving military personnel, and in exceptional circumstances, civilians—but strictly under the oversight and jurisdiction of the civilian judiciary.
Furthermore, the court advised that Unit Disciplinary Committees (UDCs) and Summary Trial Authorities (STAs), which are lower-level military tribunals, should have their powers limited to handling purely disciplinary offences. They should no longer have the authority to impose custodial sentences.
Attorney General Kiryowa Kiwanuka confirmed Cabinet’s endorsement of the proposed amendments and stated that drafting of the revised legislation is underway.
“This marks a bold step towards harmonizing Uganda’s military justice system with constitutional standards and international human rights principles,” Kiwanuka said.
Legal experts and human rights advocates have welcomed the Cabinet’s decision, calling it a victory for civilian rights and judicial independence. Critics of the existing system have long argued that military courts, especially in cases involving civilians, have been used as tools of repression and intimidation.
If passed by Parliament, the revised UPDF Act is expected to curb the long-standing practice of trying civilians in military courts and restore confidence in the country’s justice system.
