Wakilii

In the Matter of An Application for a Writ of Habeas Carpus Ad Sub by Komakech Mwaka (misc. Cause No.3 . 1994)

High Court · [1994] UGHC 121 · 1994 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for writ of habeas corpus ad subjiciendum challenging detention in military police custody
Decision
Applicant remained in lawful custody of the Commandant of Military Police Makindye pending trial by General Court Martial

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the applicant was lawfully detained. Criminal charges had been properly preferred against him before the General Court Martial, which had jurisdiction under s.8(1) of the National Resistance Army Statute. The delay in charging the applicant did not render his detention unlawful. The High Court has no power to direct a General Court Martial to release an accused person on bail. Application dismissed.

Outcome

Applicant remained in lawful custody of the Commandant of Military Police Makindye pending trial by General Court Martial

Facts

The applicant, Captain Mike Komakech Mwaka, was arrested on 18 August 1994 and detained at Makindye military police barracks. He applied for a writ of habeas corpus, which was issued and served on the commandant on 20 October 1994. The hearing was fixed for 26 October 1994. On 25 October 1994, one day before the scheduled hearing, the applicant was charged before a General Court Martial with three counts of embezzlement, causing financial loss, and abuse of office, and was remanded. When produced before the High Court on 1 November 1994, counsel for the applicant applied for bail on medical grounds, stating the applicant was ill and admitted to Mulago Hospital. The prosecutor had no objection to bail, but the court martial ruled that the applicant would remain in military police custody upon discharge from hospital. The matter was adjourned to 2 November 1994 for the prosecution to adduce evidence.

Issues

  1. Whether the applicant's detention by the military police was lawful following the issuance of a writ of habeas corpus.
  2. Whether charges preferred against the applicant by the General Court Martial were an afterthought prompted by the writ.
  3. Whether the General Court Martial had jurisdiction to try the applicant.
  4. Whether the High Court could order the General Court Martial to release the applicant on bail.

Orders

  • Application dismissed.
  • Applicant to meet costs for the application.

Rules and key headnotes

Habeas Corpus — Scope of Relief — Criminal Charges Preferred
Where criminal charges have been preferred against an applicant before a competent court, the applicant is not entitled to be released on habeas corpus.
Military Law — General Court Martial — Jurisdiction
The General Court Martial has both original and appellate jurisdiction over all offences and persons under the National Resistance Army Statute, including service offences committed by persons subject to military law.
Military Law — Delay in Charging — Commanding Officer's Duties
Under s.74 of the National Resistance Army Statute, where a person triable under military law remains in custody for seven days without trial, the commanding officer must report to the convening authority and thereafter every seven days. The commanding officer must release the person after 90 days continuous custody unless a military court has been ordered to convene.
Habeas Corpus — High Court Powers — Bail in Military Proceedings
The High Court has no power to direct a General Court Martial to release an accused person on bail. The National Resistance Army Statute provides for the establishment and regulation of the Army, and civilian courts have no say in the running of military courts.

Legislation cited (6)

  • Judicature Act s.33(1)
  • National Resistance Army Statute s.8(1)
  • National Resistance Army Statute s.74(1)
  • National Resistance Army Statute s.74(2)
  • National Resistance Army Statute s.74(3)
  • National Resistance Army Statute s.108

Cases cited (2)

  • Godfrey Golcahwe (1979) HCB 233
  • R v Barbara Simpson Howison [1959] EA 568

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

In the Matter of An Application for a Writ of Habeas Carpus Ad Sub by Komakech Mwaka (misc. Cause No.3 ._ 1994) [1994] UGHC 121 (15 November 1994)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.