news 4 October 2026 Daily Monitor (Uganda)
High Court: Delays in Military Case Transfers Don't Justify Unlawful Custody
The High Court in Kampala has granted mandatory bail to a civilian held for months awaiting transfer of his case from military court to civilian courts. The ruling follows the Supreme Court's declaration that civilians cannot be tried by military courts. Source: https://www.monitor.co.ug/uganda/news/national/high-court-rules-military-case-transfer-delays-cannot-justify-unlawful-custody-5619360
A recent High Court ruling has established that delays in transferring cases from military courts to civilian courts cannot be used to justify the continued unlawful detention of civilians. This landmark decision, delivered by Justice Paul Wolimbwa Gadenya, saw Mr. John Masembe, also known as Nassi, granted mandatory bail.
Mr. Masembe had been in custody for months facing charges including treason, murder, aggravated robbery, and illegal possession of firearms. His bail was secured after the court determined that the State could no longer hold him on accusations that are outside the jurisdiction of a court-martial, especially in light of a pivotal Supreme Court decision.
In January 2025, the Supreme Court ruled that trying civilians in military courts is unconstitutional. This latest High Court decision provides a significant practical consequence of that ruling, ensuring that individuals like Mr. Masembe are not indefinitely detained due to procedural backlogs.
The ruling underscores the right to a fair trial and protection against prolonged pre-trial detention when the legal basis for such custody is invalidated by higher court pronouncements. It signals a move towards adhering strictly to jurisdictional boundaries and constitutional protections for all citizens.
Source: Daily Monitor (Uganda)