By Jako David Waluluka
Michael Kabaziguruka, the former Nakawa East Member of Parliament, has been a focal point of attention lately, and not just because of his suave demeanor. His recent victory at the Supreme Court has sparked hopes that it may set a precedent against trying civilians in military courts.
Kabaziguruka’s case is significant because it challenges the constitutionality of trying civilians in military courts. The Supreme Court’s decision has ordered for all ongoing or pending criminal trials against civilians before the court martial to immediately cease and be transferred to the ordinary courts of law.
This development has implications for other civilians facing similar charges, as it may pave the way for their cases to be transferred to civilian courts. However, it’s worth noting that Kabaziguruka’s freedom is still temporary, and the outcome of his case is yet to be finalized.
Despite the uncertainty, Kabaziguruka is already making plans for his political comeback. He has announced his intention to reclaim his seat as Nakawa East Member of Parliament in the 2026 elections. His campaign is expected to focus on economic empowerment, urban development, and promoting opposition candidates nationwide.
Michael Kabaziguruka’s victory as the Member of Parliament for Nakawa East was short-lived, as he was denied the opportunity to celebrate his win. After being overwhelmingly voted in by the people, defeating the then-powerful Attorney General Hon. Fredric Ruhindi, Kabaziguruka was arrested and detained at the Uganda Police special investigative Unit (SIU) Kireka.
He was later arraigned in the General Court Martial on charges related to national security and treachery. Kabaziguruka challenged the jurisdiction of the General Court Martial, arguing that it had no authority to try him as a civilian. The Constitutional Court ultimately ruled in his favor, stating that the General Court Martial’s jurisdiction is limited to trying service offenses specified under the UPDF Act, and only in respect of persons subject to military law.
He unapologetically still believes that this political humiliation was the precursor to his later political persecution. Kabaziguruka’s woes with the ‘war’ began in 2016, after his election and preparing for his swearing-in at the parliament.
As the d-day drew closer, his gates of mayhem opened. He remembers that his compound at his residence in Luzira had been mobbed by a combined squad of all manner of security personnel.
He was unofficially put under house arrest for 29 days. On the 28th day, he was permitted by the security detail to go shopping for a suit in Kampala in readiness for the swearing-in ceremony.
With the backdrop of already having had one in his closet, Kabaziguruka used the opportunity to ‘sell’ his predicament to those that he met. Advised to only move with 5 people in his entourage prior, his suit purchasing mission was un ‘supervised’.
They included his mother, Hon.Winnie Kizza, and Hon. Francis Mwijuke under the watchful eye of his undesired security detail. After the swearing-in, he was spirited back to his Luzira residence now a mini base.
Kabaziguruka was then taken to the Special Investigations Unit (SIU) in Kireka, where he was booked and later released on a police bond that was renewed every other subsequent day.
On the 29th day of house arrest, he was escorted to Makindye magistrates court briefly and later whisked away to Makindye-based General Court Martial.
In the dock, he found people including military personnel said to be his co-accused whom he had never met before. Face to face with the commanding physic and General Pip decorated Andrew Gutti, Kabaziguruka, embarked on his GCM, rookie stand.
Rich with legal knowledge at the back of his mind, he took on Gen.Gutti, by schooling him that he was a civilian and wouldn’t take a plea nor agree to be tried in a military setting.
Kabaziguruka would later engage his lawyer Erias Lukwago, but with the already entered charges of offenses related to threatening National security and treachery which all attracted a death sentence on conviction.
This reality check irked Kabaziguruka, for he knew that only a competent High Court would hold such a legal judgment preserve.
Kabaziguruka in November petitioned the Constitutional Court, seeking it to declare the General Court Martial and other military courts unconstitutionally established. He was remanded to Kigo prison where he spent four months and later was released on bail granted by Kampala High Court.
Justice Remmy Kasule ordered that the trial for treachery which was scheduled to commence on January 19th, before seven members of that court, was suspended until January 31, 2017.
The order was issued in the presence of counsel Jane Francis Nafuma who represented the Attorney General and MP Medard Ssegona, Kabaziguruka’s Lawyer.
From then on, his tedious legal journey and fight against his trial in the GCM began. Nine years later, his was a sweet legal revolutionary victory. One that has given hope to hundreds of civilians who had been facing charges or had appealed against sentences given by the GCM.
These include retired Col.Dr.Kizza Kifefe Besigye and his friend Hajji Obeid Lutale. These also include members of the National Unity Platform party headed by Robert Kyagulanyi.
Kabaziguruka can now attest to the fact that politics can be ‘stupid’. How the NUP president failed to appreciate his spirited fight for the impending freedom of his supporters thereafter is hard to swallow.
His victory has renewed his quest for politics and has resolved to return and contest for the Nakawa East parliamentary seat in 2026 on the PFF party ticket.
The Besigye diehard believer and supporter swears that their Katonga outfit will give many a politician a run for their money in the next election.
