Despite a landmark Supreme Court ruling last week ordering the immediate transfer of all civilian trials from the General Court Martial to civilian courts, Attorney General Kiryowa Kiwanuka has yet to issue clear directives, leaving political prisoners, including Dr. Kizza Besigye and Hajji Obeid Lutale, in unlawful detention. This was revealed by Erias Lukwago, a member of the legal team representing the detainees, during a press briefing on Tuesday.
Last Friday, a six-judge panel of the Supreme Court, led by Chief Justice Alfonse Owiny-Dollo, declared the ongoing trial of civilians in the General Court Martial unconstitutional. The court ordered that all such cases be immediately halted and transferred to civilian courts. However, Lukwago noted that no action has been taken by the prisons authority or the Attorney General’s office to implement the ruling.
“We met with the Attorney General on Tuesday, but his advice on the next steps was unclear,” Lukwago stated. “While he mentioned that files should be transferred from the court martial to civilian courts, no concrete action has been taken. The remand warrants for our clients have expired, yet they remain in custody.”
Lukwago further explained that the Attorney General had indicated he had communicated with the Director of Public Prosecutions (DPP) to take charge of the cases under Article 20 of the Constitution. However, the legal team has not received any details on how the files will be transferred or processed. “We demanded clarity on the process, but it remains unclear,” he added.
The Lord Mayor also highlighted a meeting with the Commissioner General of Prisons on Monday, where the legal team raised concerns about prisoners being held without valid remand warrants. “The Commissioner assured us that a clear position would be communicated soon, but as of now, no action has been taken,” Lukwago said. “The prison authorities acknowledge that Dr. Besigye, Hajji Obeid Lutale, and others are in illegal detention, but they claim their hands are tied, awaiting directives from the Attorney General.”
Former Kenyan Justice Minister Martha Karua, who is part of Dr. Besigye’s legal team, expressed concern over the delay in implementing the Supreme Court’s decision. “Ugandans welcomed the ruling, and it would be unfortunate for duty bearers to give the impression that Uganda is unwilling to comply with court orders,” she said. “Our clients are being held illegally at Luzira Prison. We urge the government to uphold the rule of law and avoid tarnishing Uganda’s reputation.”
Karua also emphasized Uganda’s obligations as a member of the East African Community (EAC), where the rule of law is a foundational principle. “Other EAC member states are watching closely. My advice to the government is simple: do not make Uganda appear as a country that disregards court orders. Implement this judgment without further delay,” she asserted.
The legal team has vowed to continue pushing for the immediate release of their clients and the transfer of their cases to civilian courts. Meanwhile, the prolonged detention of political prisoners has sparked growing concerns about the government’s commitment to judicial independence and the rule of law.
As the situation unfolds, all eyes remain on the Attorney General’s office, with calls mounting for urgent action to comply with the Supreme Court’s ruling and restore public confidence in Uganda’s legal system.
