Jailed patron of the infamous Boda Boda 2010 Association, Abdullah Kitatta, has petitioned the High Court in Kampala challenging his trial before the military court yet he is a civilian.
In a case filed against the Attorney General (government lawyer) and others on Monday, Kitatta claims that he is not an army officer to be tried before the General Court Martial in Makindye.
“Section 204 UPDF Act No.7/2005 dictates any criminal charge against me should be before the civilian courts currently comprised of the Magistrate’s Court and the High Court,” reads part of Kitatta’s law suit.
He also argues that the army court did not first refer this matter to the Directorate of Public Prosecutions (DPP), but instead usurped the powers of the DPP who would have lawfully pressed charges against him before a magistrate’s court or High Court.
The respondents in this matter are; DPP, Attorney General, Major John Bizimana, the registrar general of Court Martial, Col Gideon Katinda, the judge advocate, Major Rapheal Mugisha, Lt Ambrose Baguma, and Captain Samuel Masereje, the prosecutor.
Mr Kitatta has been on remand since February with 12 other accused persons in connection with alleged unlawful possession of fire arms.
He now wants the High Court to declare that the UPDF Act in providing trial of civilians like him before the Court Martial is no longer valid given the previous ministerial power under the then repealed UPDF Act .