Prime
Kitatta sues government
Jailed patron of Boda Boda 2010 Association, Mr Abdullah Kitatta arrives at Makindye General Court Martial recently. FILE PHOTO
What you need to know:
- The respondents in this matter are; DPP, Attorney General, Major John Bizimana, the registrar general of Court Martial, Col Gideon Katinda, the judge advocate, Major Rapheal Mugisha, Lt Ambrose Baguma, and Captain Samuel Masereje, the prosecutor.
KAMPALA. The Jailed patron of Boda Boda 2010 Association, Mr Abdullah Kitatta, has petitioned the High Court in Kampala challenging his trial before the military court yet he is a civilian.
In his suit that he filed on May 28, 2018, Mr Kitatta argues that he is not a soldier under the Uganda People’s Defence Forces (UPDF) to be tried before a military court.
“Section 204 UPDF Act No.7/2005 dictates any criminal charge against me should be before the civilian courts currently comprised of the Magistrate’s Court and the High Court,” Mr Kitatta states in his law suit.
He further argues that the military court did not first refer this matter to the Directorate of Public Prosecutions (DPP), but instead usurped the powers of the DPP who would have lawfully pressed charges against him before a magistrate’s court or High Court.
“I am advised by my counsel, Mr Jimmy Muyanja, which advice I believe to be true that Section 204 of Uganda Peoples Defence Forces Act No. 7/2005, dictates that any criminal charge against me should be handled by DPP,” he states.
Respondents
The respondents in this matter are; DPP, Attorney General, Major John Bizimana, the registrar general of Court Martial, Col Gideon Katinda, the judge advocate, Major Rapheal Mugisha, Lt Ambrose Baguma, and Captain Samuel Masereje, the prosecutor.
Mr Kitatta has been on remand since February with 12 other accused persons in connection with alleged unlawful possession of fire arms.
Through his lawyers, he now wants the High Court to declare that the UPDF Act in providing trial of civilians like him before the Court Martial is no longer valid given the previous ministerial power under the then repealed UPDF Act .
