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Kipoi Challenges Trial in Military Court

Through his lawyer, Ojok and Co Advocates, Kipoi wants court 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.
05 Jun 2018 17:21
A copy of the Hearing Notice to the Respondents
Tony Nsubuga Kipoi, the former Bubulo West Member of Parliament has petitioned the High Court Civil Division to block his trial in the military court martial. 

Through his lawyer, Ojok and Co Advocates, Kipoi wants court 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 respondents to the application including 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 organized meetings, mobilized 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.  

The High Court Civil Division Registrar, Sarah Langa has written to the respondents a hearing notice, saying court will proceed in their absence should they fail to turn up. "If no Appearance is made on your behalf, by yourself, your pleader or by someone by law authorized to act for you, the case will be heard and determined in your absence", reads the notice in part. 

Langa has fixed June 11th to hear the matter while Kipoi is expected to return to the General Court Martial on June 12th for his trial.