The government has tabled thr Uganda People’s Defence Forces (Amendment) Bill, 2025, seeking to restore the trial of civilians in military courts under exceptional circumstances, despite a Supreme Court ruling earlier this year that declared the practice unconstitutional.
Presented on Tuesday, May 13, by the Minister for Defence and Veteran Affairs, Hon Jacob Oboth-Oboth, the 144-page Bill overhauls the current UPDF Act, 2005, and legalises the General Court Martial (GCM), Division Court Martial, and Court Martial Appeal Court.
The Bill also proposes substantial changes to the command structure, welfare provisions, and disciplinary processes of the Defence Forces.
In a move seen as controversial, the Bill introduces Clause 117A, permitting civilians to be tried under military law if found in possession of military-grade equipment or ammunition listed in the proposed Schedule 7A and 7B, or if they aid, abet, or conspire in crimes such as murder, aggravated robbery, treason, and cattle rustling while using or linked to military equipment.
The legislative move comes months after a panel of seven Supreme Court justices led by Chief Justice Alfonse Owiny-Dollo ruled in January that trying civilians in military courts lacked constitutional safeguards, citing absence of independence and impartiality.
The Chief Justice, however, advised the Executive and Parliament to amend both the Constitution and the UPDF Act should they wish to retain military trials for civilians. He outlined key conditions, including the creation of superior military courts under Article 129 and the involvement of High Court judges and assessors in such
The Unit Court Martial will be chaired by a UPDF officer not below the rank of Captain, holding a law degree and a diploma in legal practice.
The Division Court Martial will be presided over by an advocate of the High Court.
The General Court Martial will be led by a person qualified to be a High Court judge and holding a rank not below Brigadier General.
The Bill also proposes that all courts must have appeal mechanisms, with the GCM granted unlimited jurisdiction and tasked with hearing all appeals from the lower court martials.
Additional reforms include the creation of a Military Courts Department, a Disciplinary Committee for Judicial Officers, the establishment of new service commands including the Special Forces Command and Reserve Force, and healthcare and pension reforms for army officers and veterans.
The Bill further seeks to penalise civilians wearing military uniforms without authorisation, and proposes command structures where civilians accompanying UPDF units during missions would be subject to military law, depending on certification from the commanding officer
Kampala Lord Mayor, Erias Lukwago, yesterday warned that the Bill signals a crackdown on political opposition ahead of the 2026 elections: “The reincarnation of the GCM sends signals to us, the political actors, that it is going to be a tough season now… they will unleash terror on us.”
The Leader of Opposition, Hon Joel Ssenyonyi, echoed the concern, saying; “The return of civilians in court martial shall be used to persecute opposition politicians because Gen Museveni has decided to use it…”
UPC president Jimmy Akena and lawyer Peter Walubiri both rejected the Bill, with Walubiri branding the GCM “Mr Museveni’s tool of oppression.”
But the Attorney General of Uganda, Mr Kiryowa Kiwanuka, dismissed the concerns, saying debate lies in the hands of elected MPs: “Others have MPs whom they should contact…so that the debate is carried out and the decision is made by the people whom the Constitution gave the mandate.”
Government Chief Whip Hamson Obua defended the Bill: “We are complying with the court decision. Parliament is duty-bound to make laws.”
