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Army Asks for More Time to Respond to Kipoi's Application

The State Attorney, Sylvia Cheptoris told Justice Musa Sekanna of High Court Civil Division this morning that the respondents received the file last week and need extra time to read through the petition so as to come up with an appropriate response to the matter.
Kipoi's lawyer ,Rtd Maj Iduli

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Respondents in the petition by the former Bubulo West MP, Tonny Nsubuga Kipoi challenging his trial in the UPDF General Court Martial have asked for more time to study the application. The respondents are the Directorate of Public Prosecution, Attorney General, Chief of Defense Forces and the commanding officer Makindye Military barracks.

 

The State Attorney, Sylvia Cheptoris told Justice Musa Sekanna of High Court Civil Division this morning that the respondents received the file last week and need extra time to read through the petition so as to come up with an appropriate response to the matter.

 

 

Justice Sekanna warned the respondents that court will proceed should they fail to show up in the next hearing on June 25th with a response. The respondents missed two previous court hearings. Kipoi petitioned the High Court Civil Division last month through his lawyer, Retired Major Ronald Iduli to order the Director of Public Prosecution-DPP, Justice Mike Chibita to stop prosecuting him in the General Court Martial yet he is a civilian. 

 

He also wants the Attorney General, Chief of Defense Forces and the commanding officer Makindye Military barracks to show cause why he is being held in a Military facility yet he is a civilian. He also wants the DPP to explain why he instituted trial proceedings against him at the army court, yet Article 120 3 (b) of the Constitution forbids him from doing so.  

The article mandates the DPP to institute criminal proceedings against any person or authority in any court with competent jurisdiction other than a court martial. Kipoi is being tried in the General Court Martial together with six UPDF officers over offenses relating to security Contrary to Section 130(1) (f) of UPDF Act 2005.  

The other suspects are RA 129817 SGT Okeng, RA 140400 L/CPL Rogers Mweru, RA 13014 SGT Yunus Lemertga, RA 2077006 PTE Ifosiga Saidi Dodla, RA 196740 L/CPL Cassim Adams Mawa, RA 37791 CPL James Shimali and RA 37702 CPL Yusuf Kiisa. Prosecution alleges that between 2011 and 2012 in diverse places in Uganda specifically in Kampala, Mpigi, Luwero Entebbe, Fort Portal, Mbale Masaka and Nakasongola, the accused contrived a plot to overturn the government of Uganda. 

 

According to prosecution, the suspects organised meetings, mobilised funds, acquired fire arms and military training in the Eastern Democratic Republic of Congo and recruited people into their rank and file. 

Prosecution has already presented two witnesses to implicate Kipoi.  Kipoi is on remand at Luzira prison following his transfer from Makindye Military barracks. Kipoi's lawyer, Iduli told URN outside the court that Kipoi's trial is illegal.

//Cue in: "And we also... 

Cue out: ...to our constitution".//

 

Luganda

//Cue in: "Ensonga ya Honourable..

Cue out: ...Yamagye constitution temukiriza".

 

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