Kampala, Uganda: The Parliament of Uganda on Tuesday passed the controversial Uganda Peoples’ Defence Forces (Amendment) Bill, 2025, allowing civilians to be tried by military courts under specified circumstances.
The Bill introduces sweeping reforms to Uganda’s military justice system, establishes a Directorate of Military Prosecutions, restructures health services for personnel, and streamlines veterans’ affairs. It also provides for appeals through civilian courts, all the way to the Supreme Court, and ensures no death sentence is executed prematurely without final confirmation.
Presenting the motion during a plenary chaired by Speaker Anita Among, Defence and Veteran Affairs Minister Jacob Oboth said the Bill specifically targets civilians involved in military-related offences such as handling firearms or collaborating with soldiers in crimes.
“This law addresses civilians who acquire arms or equipment used for violence, those who masquerade as militants, and those who commit offences in collaboration with military personnel. I want to dispel fears that this law targets all Ugandans,” said Oboth.
The reforms are partly in response to a 2021 Supreme Court decision in Attorney General vs. Hon. Michael Kabaziguruka, which declared aspects of the UPDF Act unconstitutional, specifically the trial of civilians by military courts.
Committee on Defence Chairperson Hon. Wilson Kajwengye emphasized that military courts should only try civilians in “exceptional circumstances” and that trials must be transparent and fair. “This requires changes to the military structure to ensure that those presiding over trials are appointed through a transparent process and operate independently of superior influence,” he said.
The committee recommended that judges of military courts be appointed on the recommendation of the Judicial Service Commission and that the courts be governed by legal oaths.
However, the clause allowing military courts to try civilians faced strong opposition.
In a minority report, Hon. Moses Okot (FDC, Kioga County) criticised Clause 30 of the Bill, which reintroduces the category of “other persons subject to military law,” arguing that it replicates a section the Supreme Court had already struck down.
“Clause 30 presents a reincarnation of a provision already struck down. This is not the conduct of civilised nations. Such an action amounts to contempt of court,” said Okot.
He warned that allowing military courts to try civilians for crimes like murder, treason, and robbery violates Articles 209 and 210 of the Constitution. “Military courts are disciplinary bodies, not substitutes for criminal courts,” Okot added.
Hon. Jonathan Odur (UPC, Erute County South) echoed the warnings, calling the Bill’s passage a landmark in the erosion of civil liberties. “This day will be remembered as the birth of military dictatorship,” Odur said.
Despite their efforts, the House passed the Bill with amendments. A motion by Hon. Fox Odoi-Oywelowo (NRM, West Budama North East) suspended Rule 214(14), allowing continued debate despite pending court matters.
The Attorney General was pressed for clarity on what constitutes “exceptional circumstances” under which civilians will be subjected to military courts. Hon. Gilbert Olanya (FDC, Kilak South) demanded detailed definitions during the heated debate.
Hon. Muhammad Nsereko (Kampala Central) called for deletion of the controversial clause altogether, arguing that civilian courts were sufficient. His proposal was rejected.
Minister of State for Sports, Hon. Peter Ogwang, defended the court martial system and accused critics of ignoring its successes, especially in conflict-prone areas like Karamoja. “To say the Court Martial has failed in Karamoja is unrealistic,” said Ogwang.
Hon. Patrick Isiagi (NRM, Kachumbala County) added that any civilian in possession of military weapons should rightfully face a military tribunal.
The Bill now awaits presidential assent to become law.
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