KAMPALA. The former Bubulo West MP, Mr Tonny Kipoi Nsubuga has lost the bid to stop his trial in the General Court Martial.
This came after the trial high court judge, Musa Ssekaana ruling that the General Court Martial is instituted in accordance with the UPDF Act by the Director of prosecutions Uganda People’s Defence Forces and its role is mandated by the law.
Kipoi is on trial at the General Court Martial over crimes relating to security at, which offence attracts a maximum sentence of death upon conviction penalty together with five others.
“This is one of the core functions of Directorate of Prosecutions of UPDF granted by UPDF Act and the constitution and this injunction sought affects the greater public interest that is protected by the office of Directorate of Public Prosecutions of UPDF,” Ssekaana ruled.
Adding: “The court must in exercise of its powers and discretion to grant a temporary injunction be reasonable, judicious and act on sound legal principles”.
Ssekaana noted that prosecution of Kipoi in the General Court Martial has already started where three witnesses have since been presented.
“There is no status quo to preserve and this will only delay the determination of the criminal trial which would not serve the end of justice,” he said.
The court also noted that Kipoi did not set out any facts that are making him believe that he will not receive a fair trial and no material facts have been presented in court to support this preposition.
Kipoi’s lawyer retired Maj Ronald Iduli in the petition he filed stated that Kipoi has been denied a right to liberty, fair hearing, justice and freedom to travel since his documents were confiscated.
He stated that the section under which he is being charged can only be committed by soldiers but not civilians.
Kipoi wanted court to declare that his trial in the military court contravenes with Articles, 28(1), 21(1) of the constitution.
