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Feb 17th, 2025

Attorney General to withdraw UPDF amendment Bill following NRM resolution

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Despite the ruling, several individuals previously facing trial in the Court Martial—including former presidential candidate Dr. Kizza Besigye’s aide, Hajji Obeid Lutale Kamulegeya—have yet to be released
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Attorney General Kiryowa Kiwanuka is set to withdraw the Uganda People’s Defense Forces (UPDF) Amendment Bill, 2024, following a resolution by the National Resistance Movement (NRM) Parliamentary Caucus. The decision was reached during a meeting chaired by President Yoweri Museveni at State House, Entebbe, on Friday. The Bill, currently under review by Parliament’s Committee on Defense and Internal Affairs, will be revised to incorporate new proposals in response to a recent Supreme Court ruling.

Supreme court ruling and it's impact
The landmark ruling by the Supreme Court declared the trial of civilians in the General Court Martial unconstitutional. It further directed that military personnel facing capital offenses be tried in civilian courts instead of military tribunals. Despite the ruling, several individuals previously facing trial in the Court Martial—including former presidential candidate Dr. Kizza Besigye’s aide, Hajji Obeid Lutale Kamulegeya—have yet to be released. Justice and Constitutional Affairs Minister Norbert Mao defended the delay, arguing that lawyers representing the affected individuals, including former MP Michael Kabaziguruka, should have formally obtained court orders for their release. 
“Courts don’t implement their own decisions,” said Mao. “The government respects the ruling, but the legal process requires extracted orders to guide implementation.”


Kiyowa Kiwanuka

Proposed Amendments in the UPDF Bill
The original Bill, introduced last year by Defense Minister Jacob Oboth-Oboth, did not anticipate the Supreme Court ruling. It was initially drafted to align with the Constitutional Court’s earlier classification of the General Court Martial as a “disciplinary committee” for the army.

Among its key proposals:

  • Replacing the Field Court Martial with a Unit Disciplinary Committee under Section 193 of the UPDF Act.
  • Establishing Service Court Martials for different branches of the UPDF, with members appointed by the Commander-in-Chief rather than the High Command. These courts would function below the General Court Martial, which would serve as an appellate body.
  • Amending Section 233(2) to allow individuals dissatisfied with General Court Martial decisions to appeal directly to the civilian Court of Appeal.
  • Recognizing the Special Forces Command (SFC) as an official UPDF service under Section 3 of the Act.
  • Expanding the High Command to include State Ministers of Defense and the Permanent Secretary in the Ministry of Defense.
  • Creating a Joint Military Command, chaired by the Chief of Defense Forces (CDF), to oversee military operations. The body would comprise the Deputy CDF, service commanders, and senior officers responsible for advising the CDF, approving war plans, and coordinating military strategy.
  • Assigning the Inspector General of Defense Forces portfolio to the Deputy CDF.

Re-engagement of retired officers
A significant amendment under Section 53 of the UPDF Act aimed to grant the Commander-in-Chief the power to re-engage retired officers and militants with specialized skills under contract. Currently, retired soldiers enjoy civilian life and can participate in partisan politics, with no provisions for their return to active service.

Next steps
During the NRM caucus meeting, President Museveni expressed disappointment with the Supreme Court ruling but emphasized the need for a revised Bill. The Attorney General has been tasked with withdrawing the current version to allow the Ministry of Defense to introduce new proposals that align with the Court’s decision while maintaining the operational efficiency of the UPDF.

Torch Media Africa

Published By | Dickens Tiharihondijo

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