The High Court’s Civil Division has rejected a petition by jailed lawyer Eron Kiiza, who had sought his release following a recent Supreme Court ruling that barred the trial of civilians in military courts.
Presiding judge Dr. Douglas Singiza dismissed Kiiza’s habeas corpus application on procedural grounds, stating that the matter had been brought before the wrong court. He noted that because Kiiza had already appealed his conviction in the Court Martial Appeals Court, the issue should have been handled there rather than in the Civil Division.
“The applicant used an incorrect legal procedure. This application is dismissed with no order as to costs,” ruled Justice Singiza. He further advised that a judicial review would have been the appropriate method for challenging Kiiza’s detention.
Kiiza, an associate of opposition figure Dr. Kizza Besigye, was convicted by the General Court Martial on January 9, 2025, in connection with his legal representation of Besigye and co-accused Obeid Lutaale in a treason case. His legal team, led by Constitutional Law expert Peter Mukidi Walubiri, argued that the Supreme Court’s ruling rendered Kiiza’s conviction unlawful and that he should either be released or retried in a civilian court.
Walubiri cited past cases, such as those involving Besigye and Lutaale, where military court trials had later been moved to civilian courts. He also claimed that attempts to file the case in the High Court’s Criminal Division had been frustrated by the court registrar.
However, Senior State Attorney Johnson Natuhwera, representing the Attorney General, countered that Kiiza’s conviction remained valid. He clarified that the Supreme Court ruling did not nullify the General Court Martial but rather provided guidelines for handling future cases. He further pointed out that Kiiza’s nine-month sentence had already been upheld, and any legal challenge should follow the appropriate appeal process.
Kiiza remains in custody as his legal team considers the next course of action.
