High Court Dismisses Eron Kiiza’s Application for Release

The High Court in Kampala has dismissed an application by jailed lawyer Eron Kiiza, who sought to be released following a Supreme Court ruling that barred the trial of civilians in military courts. Kiiza, a known associate of opposition leader Dr. Kizza Besigye, had argued that his continued detention was unlawful in light of the recent ruling.

Presiding over the case on Monday, Civil Division Judge Dr. Douglas Singiza ruled that Kiiza’s application had been filed in the wrong court.

He noted that since Kiiza had already appealed his conviction at the Court Martial Appeals Court, the matter should have been handled there rather than in the Civil Division of the High Court.

The judge further explained that the appropriate legal route to challenge Kiiza’s detention would have been through judicial review, not a habeas corpus application.

“The applicant chose a wrong and incorrect procedure. The application is hereby dismissed with no order as to costs,” Singiza ruled.

Kiiza’s legal team, led by Constitutional Law expert Peter Mukidi Walubiri, had argued that the Supreme Court’s ruling on the jurisdiction of the General Court Martial invalidated Kiiza’s conviction.

Walubiri insisted that Kiiza should be released unconditionally or, if facing any criminal charges, be tried in a civilian court.

He cited past cases, including those of Dr. Kizza Besigye and Obeid Lutaale, whose military court cases were later refiled in civilian courts.

Walubiri also argued that the High Court had the authority to hear the matter, but attempts to file the case in the Criminal Division had been hindered by the Registrar.

However, Senior State Attorney Johnson Natuhwera, representing the Attorney General, opposed the application, arguing that Kiiza’s conviction remained valid.

He emphasized that the Supreme Court’s ruling did not abolish the General Court Martial but instead provided guidance on handling future cases.

He added that Kiiza’s nine-month sentence had already been affirmed by the Supreme Court and that his legal challenge should proceed through the proper channels.

Kiiza was convicted by the General Court Martial on January 9, 2025, over his representation of Besigye and Lutaale in a treason case.

His legal team is now expected to pursue alternative legal avenues following the High Court’s dismissal of his application.