Volume: Volume 17 - 2013

Article type: Refereed article

Author/s: Naluwairo, Ronald

This article appraises the jurisprudence of Uganda's civil courts on selected issues concerning the administration of military justice.

In the last two decades, Uganda's civil courts have pronounced themselves on a number of issues concerning the administration of military justice in the country. These issues range from the status and jurisdiction of military courts in Uganda's justice system to their independence and impartiality. This article appraises the jurisprudence of Uganda's civil courts on selected issues concerning the administration of military justice. The article appraises jurisprudence on the purpose of military law and military courts; the status of military courts and the jurisdiction of military courts. It also evaluates the decisions on the application of the Constitution and human rights in the administration of military justice and the major cases that have dealt with the question of independence and impartiality of Uganda's military courts. From this jurisprudence, Uganda's civil courts have clarified many issues and established certain principles critical for the proper administration of military justice. For instance, they have clarified that military courts are courts of judicature and subordinate courts within the meaning of the Constitution. They have also emphasised that except where the Constitution states otherwise, it is binding on military courts just like the civil courts. In the administration of military justice, military courts like their civilian counterparts must also respect and uphold the accused persons' guaranteed rights and freedoms.

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