Kampala
On Tuesday 4th March 2024, High court judge Dr Douglas Singiza delivered a ruling for the Habeas corpus, which was filed by counsel Eron Kiiza seeking to be released from Kitalya Prison where he is serving a sentence handed to him by the Makindye General Court Martial.
Early this year, Supreme Court ruled that the General Court Martial has no powers to try civilians and ordered that those with pending cases to be transferred to courts of Judicature and those who had been convicted but had challenged the decision to be released with immediate effect.
However, this decision has not been fully implemented, which forced convicts from that court like Kiiza to petition High Court seeking for their release from detention.
“I take the firm view that the procedure adopted by the applicant to challenge the impugned
conviction and sentence was an incorrect one. I would probably have attempted to answer the
motion questions had the applicant approached this court by way of an application for judicial
review.”
Singiza pointed out that although the High court is vested with unlimited original jurisdiction
under article 139(1) of the Constitution, they have
jurisdictional limits intended to ensure certainty and orderliness in
adjudication.
“Subject-matter jurisdiction is governed by the law applicable to the subject matter under dispute, which usually prescribes that a specific court is mandated to hear and determine a specific kind of dispute. Judges in this country do not so to speak enjoy a ‘floating power’ to hear and determine any disputes anywhere wherever they occur. It would amount to judicial
chaos and blunder.”
Basing on the above grounds, Court dismissed the application with no order to costs , which means that Kiiza will continue serving the sentence until the court martial appeal decision